Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2917 of 2018 Arising Out of PS.Case No. -64 Year- 2016 Thana -ARWAL District- JEHANABAD ====================================================== Munna Kumar, S/o Naresh Singh, R/o Sarauti, P.O.- Rampur Chauram, P.S.- Rampur Chauram, District- Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Singh, Advocate. For the Opposite Party/s : Mr. Sakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Arwal P.S. Case No. 64 of 2016 instituted for the offence under Sections 420, 406, 467, 468, 471 and 504 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there was agreement made between the petitioner and the informant for purchase of land and informant gave Rs.6,00,000/- to the petitioner. The alleged land belongs to one Sangeeta Ray but he refused to execute the sale deed. Thereafter, this petitioner has returned the entire amount to the informant. In support of such return, the petitioner has enclosed Annexure-2 series which bears signature of the informant from which it appears that money has been returned to the informant in different installments. It has further been submitted that the instant case has been filed by the

Patna High Court Cr.Misc. No.2917 of 2018 (2) dt.15-02-2018 2/2 informant to pressurise petitioner to persuade Sangeeta Ray to execute sale deed.

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 Arwal P.S. Case No. 64 of 2016, 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 Chief Judicial Magistrate, Arwal 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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