Pankaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26040 of 2021 Arising Out of PS. Case No.-1620 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Pankaj Singh, Son Of Kishori Singh @ Kishore Singh, R/O Village- Dubahal, P.S.- Magadh Medical, Dist.- Gaya ... ... Petitioner
Versus
1.
The State of Bihar 2.
Baban Kumar Singh, Son Of Sri Tribhuwan Singh, R/O Village- Bhandaul, P.S.- Chakand And Dist.- Gaya.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Manish Kumar No.2, Advocate Mr. Gajendra Kumar Singh, Advocate For the Opposite Party :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-03-2022 Heard learned counsel for the parties.
Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
This application for anticipatory bail arises out of Complaint Case No.1620 of 2018 which has initially been lodged for the offences under Sections 323, 341, 504, 506, 420, 467, 471 and 34 of the Indian Penal Code but cognizance has been taken under Sections 467, 468, 471, 406 and 420 of the Indian Penal Code.
Allegation against the petitioner and others is that they have cheated the informant as land brokers and taken a fee
Patna High Court CR. MISC. No.26040 of 2021(2) dt.03-03-2022 2/3 of Rs.50,000/- and got him purchased a land which was earlier sold to someone else.
It is submitted by learned counsel for the petitioner that similarly situated co-accused persons have been granted anticipatory bail by a coordinate of this Court vide order dated 28.02.2020 passed in Criminal Miscellaneous No.8257 of 2020 (Annexure-2 to this bail application).
For the reasons recorded in the order dated 28.02.2020 passed in Criminal Miscellaneous No.8257 of 2020, this bail application is also allowed.
Let the petitioner, above named, in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 4th Gaya, in connection with Complaint Case No. 1620 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is also subject to the condition that at the time of furnishing the bail bonds, the petitioner shall deposit an amount of Rs.50,000/- through a demand draft prepared in favour of the informant in the Court below. The Court, in turn,
Patna High Court CR. MISC. No.26040 of 2021(2) dt.03-03-2022 3/3 shall hand over the said demand draft to the informant. If the petitioner does not deposit the aforesaid amount by way of demand draft then this order shall be treated to be recalled. With the aforesaid observations and directions, this bail application is allowed.
(Sandeep Kumar, J) pawan/- U T