Binod Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20001 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Binod Kumar Singh, Son of Late Dwarika Singh

2. Arbind Kumar Singh, Son of late Dwarika Singh Both are residence of village & Post: Baraon (Baraon), P,S- Nokha, District Rohtas.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

17-06-2015 Heard Sri Bikramdeo Singh, learned counsel, who was assisted by Sri Dhaneshwar Prasad Gupta, learned counsel for the petitioners, learned Addl. Public Prosecutor and learned counsel for the informant.

Two petitioners, apprehending their arrest in connection with Nokha P.S. Case no.21 of 2015 registered for the offence under Sections 406, 420, 120(B) of the Indian Penal Code, have prayed for grant of anticipatory bail.

Learned counsel for the petitioners submits that in a civil dispute, colour of criminal offence has been given and the petitioners have been implicated in the present case. Learned counsel for the informant has opposed the

Patna High Court Cr.Misc. No.20001 of 2015 (2) dt.17-06-2015 2/2 prayer for bail of the petitioners. It was argued that after receipt of huge amount from the informant, petitioners have not executed sale deed nor they have returned the advance amount. On perusal of the F.I.R., it appears that initially a complaint petition was filed before the learned Chief Judicial Magistrate, Sasaram which was referred to the police under Section 156 (3) of the Code of Criminal Procedure for its investigation.

I have perused the F.I.R.. On perusal of the F.I.R., the Court considers that it is a fit case for extending the privilege of anticipatory bail. Let the petitioners, namely, (i) Binod Kumar Singh and (ii) Arbind Kumar Singh , in the event of their arrest or surrender within a period of one month from today, 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 satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Nokha P.S. Case no.21 of 2015 subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U T