Chhoteylal Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74531 of 2018 Arising Out of PS. Case No.-211 Year-2012 Thana- KOTWALI District- Munger ====================================================== 1.

Chhoteylal Mandal Son of Late Soti Mandal.

2.

Deepak Kumar, Son of Sri Chhoteylal Mandal.

3.

Bablu Kumar, Son of Sri Chhoteylal Mandal.

All are Resident of Mohalla- Sherpur, P.S.- Kotwali, DistrictMunger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate.

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2019 Heard learned counsel for the petitioners and the State. The petitioners seek bail in Kotwali P.S. Case No. 211 of 2012, instituted for the offence under Section (s) 467, 468, 469, 420 and 406 of the Indian Penal Code.

Prayer for bail of the petitioners was earlier rejected by coordinate Bench of this Court vide order dated 11.4.2018 passed in Cr. Misc. 4947 of 2018 with liberty to renew their prayer for bail after six months.

Counsel for the petitioners submits that petitioners are in custody since 2.11.2017. It is a matter of purely civil dispute. In the written report it is alleged that petitioners had given Power of Attorney to the informant to sell the land as

Patna High Court CR. MISC. No.74531 of 2018(4) dt.25-07-2019 2/2 mentioned in the written report. The informant has alleged that he paid Rs.17,50,000/- to the petitioners. The informant acknowledged the receiving by putting signature on the back side of the agreement. Later on, the Power of Attorney executed in favour of the informant was cancelled by the petitioner in spite of receipt of entire consideration money.

This Court finds that it is a matter of purely civil dispute. Petitioner is in custody since 2.11.2017 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Kotwali P.S. Case No. 211 of 2012, subject to the condition that both the bailors will be the close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T