Surendra Kumar @ Surendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19006 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== SURENDRA KUMAR @ SURENDRA PANDIT Son of Late Rambriksha Pandit Resident of Village - Pinjaur, P.S.- Parasbigha, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Paasbigha P.S.Case no.206 of 2018 registered for offences punishable under Sections 419, 420, 467, 468, 323, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner is of taking consideration money for execution of the sale deed but he has not executed the sale deed.

Submission of the learned counsel for the petitioner is that the agreement, which is the part of the FIR itself, shows that it was mentioned in the agreement that when the informant withdraws the case, the sale deed shall be executed and in reply to the notice, the petitioner has stated that once the informant withdraws all the cases pending against him, he is ready to execute the sale-deed.

Heard learned A.P.P. , who has submitted that he is ready

Patna High Court CR. MISC. No.19006 of 2019(2) dt.06-05-2019 2/2 to withdraw the case. .

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to surrender within a period of six weeks from the date of receipt of the order and on surrender he will be 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 P.K. Bharti, J.M. Ist Class, Jehanabad in connection with Parasbigha P.S.Case no.206 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, with further condition that if O.P.no.2 withdraw the earlier cases, the petitioner shall execute the sale deed in favour of the O.P.no.2 , otherwise the O.P.no.2 is at liberty to move for cancellation of the bail bond of the petitioner in the lower court itself. With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T