Mukha Rai @ Mukh Lal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19510 of 2019 Arising Out of PS. Case No.-796 Year-2018 Thana- SONEPUR District- Saran ====================================================== Mukha Rai @ Mukh Lal Ray, Son of Parmeshwar Rai, Resident of VillageBarbatta Sonepur behind Post Office, P.S.-Sonpur, District-Sarat at Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420, 406, 467 and 468/34 of the IPC.

The prosecution case is that the informant entered into an agreement with co-accused Arbind Kumar for transfer of a piece of land, for which, initially the informant gave Rs. 50,000/- and subsequently, Rs. 3 lacs as consideration amount was given to the accused persons. It is alleged that money was received by the petitioner and he issued receipt of the same. It is submitted by learned counsel for the petitioner that admittedly, the informant entered into the agreement with regard to the land in question with co-accused Arbind Kumar and the

Patna High Court CR. MISC. No.19510 of 2019(2) dt.02-04-2019 2/2 said agreement suggests that the money was received by him, hence, accusation under Sections 406 and 420 of the IPC does not make out against the petitioner.

Learned APP submits that though the informant entered into agreement with co-accused Arbind Kumar, but the money was received by the petitioner and he is named in the FIR. Considering the accusation arising out of contractual nature of dispute, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-1st, Saran at Chapra in connection with Sonepur P.S. Case No. 796 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T