Md. Munshi @ Samir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10946 of 2019 Arising Out of PS. Case No.-240 Year-2017 Thana- SULTANGANJ District- Bhagalpur ====================================================== Md. Munshi @ Samir, Son of Late Razzak, R/o village- Kashimpur, Patan Tola, P.O and P.S- Sultanganj, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandeep Patil For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Sultanganj P.S. Case No. 240 of 2017 registered for the offences punishable under Sections 406, 420, 341, 323, 504, 506, 147 and 149 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against this petitioner is that he had executed a sale deed in respect of a piece of land which was promised to be sold to this petitioner and against which a sum of Rs.20,000/- was paid by the informant to this petitioner and others. Learned counsel submits that this petitioner has sold his share of the land and he had not accepted any advance against the same, but for the purpose of grant of anticipatory bail he is ready and willing to pay Rs.20,000/- to the informant.

Patna High Court Cr.Misc. No.10946 of 2019(2) dt.25-02-2019 2/2 Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case, nature of the allegations and that the petitioner is ready to pay a sum of Rs.20,000/- to the informant without prejudice his right and contentions as also that he has no criminal antecedent, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No. 240 of 2017. While submitting the bail bond, the petitioner shall produce either the receipt showing payment of Rs.20,000/- in favour of the informant or shall deposit the said amount in the name of the informant by way of demand draft in the court below itself. Subject to the aforesaid condition, the petitioner shall be enlarged on bail. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. arvind/- (Rajeev Ranjan Prasad, J) U T