Nawal Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47951 of 2017 Arising Out of PS.Case No. -546 Year- 2017 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================
1. Nawal Singh, Son of Chandeshwar Pd. Singh,
2. Gautam Kumar Son of Sri Nawal Singh,
3. Uttam Kumar Son of Sri Nawal Singh, All are R/o Village- Moti Jheel , P.S.- Town District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Nagar P.S. Case No. 546 of 2017 instituted for the offence under Sections-420, 406, 506 of the Indian Penal Code and 138 of N. I. Act.
It has been submitted that there is land dispute between the parties. The complainant claims that total Rs. 428137/- is due with the petitioner on account of business dealing as mentioned in the complaint petition. Counsel for the petitioners has submitted that Rs. 1,19,444/- is due with the petitioners. He has also filed complaint case against informant u/S 420 & other minor Sections of the Indian Penal Code. In this manner, this court finds that it is a dispute of accounting.
In such circumstances, prayer for anticipatory bail is
Patna High Court Cr.Misc. No.47951 of 2017 (3) dt.17-10-2017 allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nagar P.S. Case No. 546 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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 petitioners. The parties will try to sort out the dispute with regard to money and petitioners will make payment of the admitted dues to the informant.
(Sanjay Priya, J) A.K.V./- U T