Jitendra Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14916 of 2018 Arising Out of P.S.Case No. -271 Year- 2015 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ====================================================== Jitendra Kumar Singh, Son of Gaurishankar Singh, resident of VillageKhirauli, Police Station- Dumraon, District- Buxar. .... .... Petitioner
Versus
1. The State of Bihar
2. Iltaj Hussain, Son of Late Haidar Hussain, resident of Village- Shahid Gate, Pnana Thana Road, Dumraon, Police Station- Dumraon, DistrictBuxar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Arun Kumar Pandey For the Opposite Party : Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-04-2018 Heard.
The petitioner apprehends arrest in connection with Complaint Case No.271(C) of 2015 registered for an offence under Section 420 and other allied sections of the IPC. It has been submitted that the petitioner is a middleman and allegation is that the negotiation for sale and purchase was made between the complainant and purchaser Barmati Devi and Sandhaya Devi. The complainant had executed the sale deed in favour of these two persons for which no payment has been made by this petitioner. It has been submitted that the petitioner has already made payment with respect to the said sale deed which is
Patna High Court Cr.Misc. No.14916 of 2018 (2) dt.09-04-2018 2/3 apparent from the details of account annexed as Annexure-2 series of this application which shows that the payment was made on 27.08.2014. He further submits that both the purchasers have been allowed anticipatory bail by the court below itself. He further submits that no offence under Section 420 of the IPC is made out against the petitioner.
Learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of ACJMV, Buxar in connection with Complaint Case No.271(C) of 2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any
Patna High Court Cr.Misc. No.14916 of 2018 (2) dt.09-04-2018 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T