Pintu Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26256 of 2017 Arising Out of PS.Case No. -2031 Year- 2012 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Pintu Singh, Son of Ram Kailash Singh, R/o Village- Bathnaha, P.S.- Bathnaha, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Indal Mahto, Son of Narayan Mahto, r/o village- Bathnaha, Ward No. 11, P.S. Bathnaha, District Sitamarhi.

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. C1-2031 of 2012 instituted for the offence under Sections 420, 468 and 120B of the Indian Penal Code.

It has been submitted that petitioner is witness of the sale deed.

As per written report, accused No. 3 Nageshwar Rai, in conspiracy with this petitioner and other accused persons, got executed the sale deed in his favour with respect to the land belonging to the complainant.

The counsel for the petitioner has submitted that the aforesaid land has already been mutated in favour of accused No. 3. It has further been submitted that this petitioner is not the beneficiary of

Patna High Court Cr.Misc. No.26256 of 2017 (4) dt.19-07-2017 2/2 the aforesaid sale deed. He is merely a witness of the sale deed in question.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Complaint Case No. C1-2031 of 2012, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Sitamarhi, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T