Patna High CourtCR. MISC./29819/2018bail granted

Munna Pandey v. The State Of Bihar

2018-05-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29819 of 2018 Arising Out of PS.Case No. -209 Year- 2016 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Munna Pandey, S/o Late Baban Pandey, R/o Village- Ahirouli, P.S.- Buxar (Ind), District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Buxasr (Ind) P.S.Case No. 209 of 2016 registered under Sections 406, 420 and 120-B of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that no offence under Sections 406 and 420 of the Indian Penal Code is made out in view of the fact that the informant has himself stated in the FIR that after payment of consideration the petitioner executed the sale deed in favour of wife of the informant and transferred 3 kathas of land.

On the other hand, learned counsel for the State submitted that despite taking Rs.8 lakhs from the informant the

Patna High Court Cr.Misc. No.29819 of 2018 (2) dt.17-05-2018 2/2 wife of the informant has yet not been delivered possession of the land in question.

Be that as it may, taking into consideration the nature of allegation, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Ind) P.S.Case No. 209 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T