Amit Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.9058 of 2017 (4) dt.21-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9058 of 2017 Arising Out of PS.Case No. -61 Year- 2016 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Amit Kumar, son of Ashok Kumar, resident of Village- Doiya, P.S.- Noorsarai, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-04-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sohsarai Police Station Case No. 61 of 2016, disclosing offences under Sections 467, 468, 471, 406, 420(B) and 506 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, has falsely been implicated in this case on account of land dispute. In fact, the petitioner and complainant entered into an agreement, which is annexure-2 to the supplementary affidavit, for the sale of piece of land for the consideration amount of Rs. 20 lacs, out of which only Rs. 5 lace have been paid to the petitioner and the rest

Patna High Court Cr.Misc. No.9058 of 2017 (4) dt.21-04-2017 amount of Rs. 15 lacs was to be paid by the complainant for execution of the sale deed with respect to the land in question but the complainant failed to pay the same and lodged the present case for making pressure on the petitioner in order to execute the sale deed for the land in question. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Nalanda at Biharsharif, in connection with Sohsarai Police Station Case No. 61 of 2016, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T