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Patna High CourtCR. MISC./62007/2017bail granted

Raj Kumar @ Raju Kumar v. The State Of Bihar

2018-01-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62007 of 2017 Arising Out of PS.Case No. -382 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. RAJ KUMAR @ RAJU KUMAR, S/o Bishnu Dayal Pandit, R/o Ashopur, P.S.- Danapur, Distt.- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 Heard the parties.

The petitioner seeks regular bail in connection with Danapur P.S.Case No.382 of 2016 registered for offences punishable under Sections 406, 420, 120, 466 & 471/34 of the Indian Penal Code.

Allegation as per FIR against the petitioner is that mother of the petitioner made an agreement with the informant for the sale of a plot of land and also accepted the advance money of Rs.05 lakh and further allegation is that thereafter she has neither executed the sale deed nor returning the money. Submission of the learned counsel for the petitioner is there is no allegation that he has made agreement nor he has taken money rather allegation is against his mother and the account of

Patna High Court Cr.Misc. No.62007 of 2017 (3) dt.11-01-2018 2/2 his mother has also been freezed during the investigation. Furthermore, he is in custody for nine months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Danapur in connection with Danapur P.S.Case no.382 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T