Sheo Prashan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9611 of 2023 Arising Out of PS. Case No.-477 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== 1.

Sheo Prashan Das S/o Ram Ratan Das Resident of College Road, P.S.- Raxaul, District- East Champaran.

2.

Rajendra Das @ Rajendra Kumar @ Arvind Kumar S/o Ram Ratan Das Resident of College Road, P.S.- Raxaul, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Samir Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Raxaul P.S. Case No.477 of 2022, registered for the offences punishable under Section 406 of the Indian Penal Code and Section 138 of the N.I. Act.

Accusation against petitioners is of taking money in lieu of selling land, but petitioners neither returned the money nor executed the sale deed.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. The petitioners have got one criminal antecedent

Patna High Court CR. MISC. No.9611 of 2023(2) dt.09-05-2023 2/2 as stated in paragraph-3 of the bail application. It is further submitted that no specific overt act is alleged against the petitioners. It is submitted that the petitioners have not received any cheque from the informant. All the cheques have been given to co-accused, Ajay Kumar who is in judicial custody. It is also submitted that only allegation against the petitioners is that they gave assurance to the informant that sale deed will be executed in his name and nothing wrong will happen.

The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Raxaul P.S. Case No.477 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T