Raju Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19132 of 2019 Arising Out of PS. Case No.-621 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.
RAJU PATEL S/o Jagranath Patel, R/o village- Bankat, P.S.- Muffasil, District- East Champaran 2.
Ravindra Prasad Yadav S/o Late Baldeo Rai, R/o village- Bhitaha, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-03-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Motihari Town P.S. Case No. 621 of 2018 registered for offence punishable under sections 406, 420, 467, 471, 472, 386, 120(B)/34 of the Indian Penal Code. Allegation has been made that the informant has purchased the land from the father of Vishwanath Rai and Satyanarayan Rai, namely, late Ganika Rai but these petitioners after purchasing the land from Paras Rai, Manoj Rai and Raju Rai, Vishwanath Rai and Satyanarayan Rai, constructed the house over the plot of the land and are residing peacefully. The present case has been lodged for making allegation of cheating and misappropriation
Patna High Court CR. MISC. No.19132 of 2019(2) dt.29-03-2019 2/2 of money.
The learned counsel for the petitioners submits that it is basically a civil dispute but has been given colour of criminal case. Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 621 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Shivaji Pandey, J) mkchy/- U T