Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64822 of 2018 Arising Out of PS.Case No. -257 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Munna Singh Son of Late Hari Singh 3Resident of VillageParmalpur,Post OPffice- Khenethi,Police Station Sonhan,Distt.-Kaimur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S.B.Singh For the Opposite Party/s : Mr. R. C.Sahani. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-11-2018 Heard the parties.

Petitioner seeks bail in Bhabhua P.S. Case No.257/18 registered for the offence under Sections 420, 467, 468/34 of I.P.C.

Allegation against the petitioner is that he has sold the land to the informant which he had purchased from Kush Kumar but later on it transpire ed that the said plots were not of the petitioner rather of the co-accused, Kush Kumar. Submission on behalf of the learned counsel for the petitioner is that, in fact, the petitioner had purchased 40 decimals land of plot no.214 from Kush but later on he came to know that some portions of plot no.214 was sold to the informant by Kush Kumar and to this effect title suit is going on between the parties.

Patna High Court Cr.Misc. No.64822 of 2018 (2) dt.01-11-2018 2/2 As such, the mistake of fact has been committed by the co-accused Kush Kumar.

Heard the learned A.P.P. also who opposed the prayer for bail of the petitioner stating that the petitioner had no knowledge that some particular portion of the land which was sold to the informant does not belong to the petitioner for which dispute is going on and, as such, co-accused has cheated the informant and he is in the habit of committing such fraud earlier also. The petitioner is accused in one more case also . Having heard both sides and in view of the facts and circumstances of the case, stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of C.J.M.,Kaimur at Bhabhua, in Bhabhua P.S. Case No.257/18 subject to the condition that bailers must be of local having sufficient properties within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) AnilKrSinha/- U