Bhushan Tanti And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56760 of 2017 Arising Out of P.S.Case No.13 Year- 2017 Thana -BARHAT District- JAMUI ======================================================

1. Bhushan Tanti, son of Kailu Tanti,

2. Prakash Tanti, son of Kailu Tanti. Both resident of Village- Keriya, P.S. Barhat, District- Jamui.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-12-2017 Heard both sides.

2. Petitioners are in custody in connection with Barhat P.S.Case No.13 of 2017 registered for the offence under sections 406 and 409 of the IPC.

3. The informant has alleged that his mother had entered into an agreement with the mother of the petitioners to purchase land of seven kathas for a consideration amount of Rs.21,000/-. His mother had given Rs.10,000/- in cash and remaining amount of Rs.2,000/- was agreed to be paid at the time of execution of sale deed. The parents of the informant died and thereafter he and his family members made repeated request but the petitioners did not execute the sale deed and thereby committed breach of trust.

Patna High Court Cr.Misc. No.56760 of 2017 (2) dt.12-12-2017 2/2

4. The learned counsel for the petitioners submits that the petitioners neither entered into an agreement nor had taken money from the informant or his mother. The allegation is vague and baseless and petitioners are in custody since 10.10.2017.

5. Learned APP opposed the submissions.

6. Considering the nature of allegation which is purely a civil dispute with respect to transfer of land and period of custody of the petitioners, prayer for bail is allowed. Let the above named petitioners be released 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 Sri N.K.Yadav, Judicial Magistrate, Ist Class, Jamui in Barhat P.S.Case No.13 of 2017. (Sanjay Kumar, J) B.Kr./- U T