Guddu Gope v. The State Of Bihar

Patna High Court Cr.Misc. No.19082 of 2017 (5) dt.25-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19082 of 2017 Arising Out of PS.Case No. -168 Year- 2016 Thana -DANAPUR District- PATNA ====================================================== Guddu Gope, S/o Late Dayal Rai, resident of Village- Painal, P.S.- Bihta, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Danapur P.S. Case No. 168 of 2016, registered under Sections 406 and 420 of the Indian Penal Code.

The accusation is that for purchasing of the land, informant gave Rs.73,22,100/- to Jagarnath Mistri in presence of petitioner on execution of agreement to sale. When the informant reached at the Registry Officer then Jagarnath Mistri and petitioner took the agreement paper to the informant for mentioning the boundary in the sale deed but they did not return the agreement paper and Jagarnath Mistri also did not execute the sale deed.

Patna High Court Cr.Misc. No.19082 of 2017 (5) dt.25-07-2017 Learned counsel for the petitioner submits that, in fact, informant purchased 7 kathas of land in the village of the petitioner, which was being cultivated by the petitioner due to that reason petitioner came in touch with the informant and introduced to Jagarnath Mistri to her for purchasing the land and the consideration money was also given by the informant to jagarnath Mistri but with ulterior motive the petitioner has falsely been implicated in this case.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, in connection with Danapur P.S. Case No. 168 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T