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Patna High CourtCR. MISC./36007/2017bail granted

Manoj Kumar Mandawewala And ANR v. State Of Bihar And ANR

2017-08-10Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36007 of 2017 Arising Out of PS.Case No. -2240 Year- 2014 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Manoj Kumar Mandawewala, son of Late Shanker Lal Mandawewala, resident of Village- Barahat, P.S.- Ishopur Barahat, District- Bhagalpur.

2. Alok Kumar, son of Ramjeevan @ Ramjeevan Lal Mandawewala, resident of Village- Barahat, P.S.- Ishopur Barahat, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kailashnee Devi, wife of Late Satyanarayan Ram, resident of VillageShadipur, P.S.- Pirpanti, District- Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420/120B of the Indian Penal Code.

Submission of the learned counsel for the petitioners is that the petitioners are real owner of the land. They had entered into an agreement to sell their land to co-

Patna High Court Cr.Misc. No.36007 of 2017 (2) dt.10-08-2017 P3/ accused Ajay Verma and co-accused Ajay Verma is alleged in the complaint petition that he had taken money from the complainant for sale of the same land. Therefore, there is no direct allegation by the complainant against the petitioners.

Considering the nature of allegation aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/successor Court in connection with Complaint Case No. 2240 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court Cr.Misc. No.36007 of 2017 (2) dt.10-08-2017 P3/ Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T