Mahendra Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18743 of 2017 Arising Out of PS.Case No. -290 Year- 2016 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================
1. Mahendra Prasad, Son of Late Sita Ram Gope,
2. Kamindra Prasad, @ Kapindra Prasad, Son of Sri Naresh Prasad. Both resident of Village- Bhatu Bigha, P.S. Islampur, Dist.- Nalanda.
3. Vijay Yadav, Son of Sri Sidheshwer Yadav, Village- Narayanpur, P.S.- Chhabilapur, Dist.- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyam Sundar Pd., Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with Islampur P.S. Case No. 290 of 2016, registered for offences punishable under Sections 147, 148, 420, 468, 469, 471, 307, 379, 323 and 504 of the Indian Penal Code. The allegation against the petitioners is that they got sale deed executed in their favour from the co-accused on the basis of forged documents.
It has been submitted on behalf of the petitioners that the petitioner are purchasers and allegation is against the coaccused that he has executed the sale deed on the basis of forged
Patna High Court Cr.Misc. No.18743 of 2017 (2) dt.04-05-2017 2/3 document and as such the petitioners are, in no way, concerned as alleged in the FIR.
Heard learned A.P.P. also.
Having heard both sides and in view of the nature of allegation and the facts as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below 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/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate Hilsa, Nalanda in connection with Islampur P.S. Case No. 290 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to
Patna High Court Cr.Misc. No.18743 of 2017 (2) dt.04-05-2017 3/3 move for cancellation of his bail.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) S.Pandey/- U T