Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77818 of 2018 Arising Out of PS. Case No.-566 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ====================================================== Munna Singh son of late Hari singh, Resident of Village - Parmalpur, Post office - Khanethi, Police Station - Sonhan, Distt.- Kaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyam Bihari Singh For the Opposite Party/s :

Mr.Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bhabua P.S. Case No. 566 of 2018 registered for the offence punishable under Sections 420, 406, 467, 468, 120(B)/34 of the Indian Penal Code.

Informant has alleged that the petitioner took advance of Rs. 5 lacs as a consideration amount for a land to be sold assuring the said land to be free from all encumbrance, but when she went on the land she found that it was already a sold land and fraud was played upon her.

It has been submitted on behalf of the petitioner that the nature of dispute is of civil nature and he himself has been subjected to fraud by Kush Kumar Singh for which he has already instituted criminal case against him. It has been further

Patna High Court Cr.Misc. No.77818 of 2018(2) dt.03-01-2019 2/2 submitted that subsequently sale deed has been executed in favour of informant as contained in Annexure-2 and she has been given possession over the sold land. Petitioner is in custody since 30.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua P.S. Case No. 566 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T