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Patna High CourtCR. MISC./15845/2024bail granted

Gautam Kumar Singh @ Guddu Singh v. The State Of Bihar

2024-03-14Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15845 of 2024 Arising Out of PS. Case No.-447 Year-2020 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.

Gautam Kumar Singh @ Guddu Singh Son of Suryapat Singh Resident of Village- Bharthauli, P.S.- Muffasil, District- Aurangabad 2.

Rakesh Kumar Singh Son of Suryapat Singh Resident of Village- Bharthauli, P.S.- Muffasil, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 406, 120, 420 and 34 of the Indian Penal Code.

3. As per the prosecution case , these petitioners along with other co-accused person took consideration money from the informant and later on denied to execute the sale deed or to refund the consideration amount to the informant.

4. It is submitted on behalf of the petitioners

Patna High Court CR. MISC. No.15845 of 2024(2) dt.14-03-2024 2/3 that the alleged entire deal was made between the father of the petitioners and the informant, and these petitioners have not played any role in the alleged occurrence. Petitioners have been made accused in this case merely because they happen to be the son of the co-accused, Suryapat Singh, who is alleged to have taken the consideration amount, and co-accused Suryapat Singh has already been granted provisional bail from the Coordinate Bench of this Court vide dated October 17, 2023 in Cr. Misc. No. 61126 of 2023. Moreover, the dispute is purely of a civil nature . Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.15845 of 2024(2) dt.14-03-2024 3/3 satisfaction of the learned CJM , Aurangabad in connection with Aurangabad town P.S. Case No. 447 of 2020 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T