Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47807 of 2018 Arising Out of PS.Case No. -39 Year- 2018 Thana -RAXAUL District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Rahul Kumar S/o Madan Prasad, R/o Vill.- Naga, Road, Raxaul, P.S.- Raxaul, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the Opposite Party/s Mr. Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Raxaul P.S. Case No. 39 of 2018, G.R. No.222 of 2018, registered for offences punishable under Sections 406 and 420 of the Indian Penal Code.
As per F.I.R., allegation against the petitioner, who is named in the F.I.R., is that the petitioner has taken Rs. four lakhs from the informant for executing an agreement on stamp paper but the sale deed has not been executed and when the informant demanded his money the petitioner along with others abused and assaulted.
Submission of the learned counsel for the petitioner is that
Patna High Court Cr.Misc. No.47807 of 2018 (2) dt.20-08-2018 2/2 the petitioner has been falsely implicated in this case and neither the petitioner have signed any stamp paper nor he had taken any money from the informant. It is also submitted that the petitioner has no criminal antecedent.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari in connection with Raxaul P.S. Case No. 39 of 2018, G.R. No.222 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T