Patna High CourtCR. MISC./60327/2018bail granted

Nand Kumar Rai v. The State Of Bihar

2018-10-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60327 of 2018 Arising Out of PS.Case No. -351 Year- 2018 Thana -BIHTA District- PATNA ======================================================

1. Nand Kumar Rai S/o Late Sitaram Rai, R/o Vill.- Halkhoriya Chak, P.S.- Bihta, Disrict- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Ballabh Singh For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Bihta P.S.Case no.351 of 2018 registered for offences punishable under Sections 420, 467, 468, 471, 120(B), 34 of the Indian Penal Code. Allegation against the petitioner is of selling the land of the informant.

Submission of the learned counsel for the petitioner is that the petitioner is agnate of the informant. Property is joint and the partition has not taken place and the allegation is false and concocted. He is in custody since. 19.7.2018. 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

Patna High Court Cr.Misc. No.60327 of 2018 (2) dt.06-10-2018 2/2 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 ACJM-I, Danapur in connection with Bihta P.S.Case No.351 of 2018.

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 in the event of failure 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