Amar Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19235 of 2017 Arising Out of PS.Case No. -118 Year- 2014 Thana -NANHPUR District- SITAMARHI ====================================================== Amar Nath Rai, son of Late Shankar Rai, Resident of Village- Banaut Tola Ilamat P.S. Nanpur Distt- Sitamarhi.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr.Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Nanpur P.S. Case No. 118 of 2014 registered for the offences punishable under Sections 420 and 120B of the Indian Penal Code. Allegation as per FIR is that informant has purchased 13 decimals of land from one co-accused and petitioner was broker in that execution and further allegation is that sale-deed has been executed only with respect to 8 decimals of land and rest 5 decimals has been executed in the name of the petitioner. It has been submitted on behalf of the petitioner that the complaint was sent for registration of FIR and after registration of the case police after investigation has submitted final form against the petitioner not finding case true. However, learned Magistrate has taken cognizance of the offence against the petitioner differing with the view of I.O.

Heard learned APP also.

Patna High Court Cr.Misc. No.19235 of 2017 (2) dt.09-05-2017 2/2 Having heard both sides and taking into consideration the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi, in connection with Nanpur P.S. Case No.

118 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that one of the bailors should be a local person, petitioner shall co-operate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds and further petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U