Patna High CourtCR. MISC./38556/2016bail granted

Ajay Shukla v. The State Of Bihar

2016-09-17Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.38556 of 2016 (2) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38556 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ajay Shukla son of Sajawal Shukla resident of village Panchbhiriya PS Ramgarhwa at present Ambika Nagar Motihari PS Jariya District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Sharan Singh For the Opposite Party/s Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 17.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 406 and 420/34 of the Indian Penal Code.

The accusation against the petitioner is that he took huge amount from the informant for execution of sale deed and accordingly, executed an agreement for sale but refused to execute absolute sale deed at the time of registration. Submission on behalf of the petitioner is that petitioner had not executed an agreement for sale and, as a matter of fact, petitioner had already sold the aforesaid land by executing registered sale deed in favour of one Mamta Pandey. It is further stated that even if the prosecution story assumed to be true, then also, it is case of civil dispute.

Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.38556 of 2016 (2) dt.17-09-2016 submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in Turkauliya (Banjariya) P.S. Case no. 48/2016.

shahid (Hemant Kumar Srivastava,J) U T