Aditya Kumar Mishra @ Aditya Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2908 of 2015 Arising Out of PS.Case No. -470 Year- 2014 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================
1. Aditya Kumar Mishra @ Aditya Tiwary Son of Late Surya Narayan Mishra resident of Village + P.S. - Rasulpur, District - Saran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate. For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 470 of 2014, registered for the offences punishable under Section 420 and some other Sections of the Indian Penal Code.
The complainant alleged that the petitioner and other accused persons showed him a piece of land of Rina Tiwary and persuaded him to purchase the land. After execution of the sale deed the complainant knew that the land does not belong to Rina Tiwary.
It is submitted that the petitioner is neither vendor nor witness to the sale deed. The petitioner has not played any role
Patna High Court Cr.Misc. No.2908 of 2015 (2) dt.21-01-2015 in execution of the sale deed.
Considering the facts aforesaid and the fact that the petitioner did not receive money and it was the duty of the purchaser himself that he should have been purchased the land after perusal of the sale deed and demarcation of the lands, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Anchal Dwivedi, the learned Judicial Magistrate, Saran at Chapra in connection with Trial No. 4769 of 2014, arising out of Complaint Case No. 470 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T