Rajendra Singh @ Buchhi Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8011 of 2022 Arising Out of PS. Case No.-640 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== RAJENDRA SINGH @ BUCHHI SINGH SON OF YUGESHWAR SINGH R/O VILLAGE- SANHAULI, P.S.- KHAGARIA (CHITRAGUPT NAGAR), DISTRICT- KHAGARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Khagaria (Chitragupt Nagar), P.S. Case No.640 of 2020 registered for the offence under Sections 419 and 420 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 06.03.2020.
The allegation against the petitioner is not to execute the sale deed in favour of the informant for a piece of land of Tauzi No. 552, Khata No.22, Khesra No.1987, Area admeasuring 3 katha against total consideration of Rs.
Patna High Court CR. MISC. No.8011 of 2022(3) dt.25-07-2022 2/3 19,50,000/-, even after taking advance amount of Rs. 2,65,000/- Learned counsel appearing on behalf of the petitioner submitted that despite of readiness of the petitioner to execute the sale deed, the prayer of bail was rejected by the court below. It has further been submitted that still petitioner is ready to execute the sale deed subject to the payment of balance amount of Rs. 16,85,000/- in one and single installment. It is also submitted that the dispute is purely, civil in nature, where FIR is being lodged with a delay of several months. It has further been submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, opposes the prayer of bail of the petitioner. Considering the facts and circumstances as mentioned above, as petitioner is ready to execute the sale deed in favour of informant subject to payment of balance amount of Rs. 16,85,000/- in one and single installment, where petitioner is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above
Patna High Court CR. MISC. No.8011 of 2022(3) dt.25-07-2022 3/3 named, is directed to be released on bail in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 640 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria/concerned court, subject to the following conditions:
"(i)Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be Parmila, who is the wife of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/- U T