Gayanand Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48476 of 2018 Arising Out of PS.Case No. -3281 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Gayanand Singh, aged about 75 Years S/o Late Uchit Lal Singh,

2. Prem Kishore Singh @ Gullu Singh S/o Gayanand Singh, Both R/o Vill. and P.S.- Bhargama, Distt.- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Santosh Kumar Yadav S/o Ram Kishore Yadav, At Vill.- Rampur Aadi Tola, Rahariya, P.S.- Bhargama, District- Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr.Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2018 . Heard the parties. The petitioners seek anticipatory bail in connection with Complaint Case No. 3281 C of 2015, registered for offences punishable under Sections 420, 323 and 418 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is that the Complainant purchased the land through registered sale deed executed by the petitioner No. 2 for consideration money of Rs. 2,87,000/- and, thereafter, the complainant further got knowledge that the aforesaid land had already been sold to any one and on demand of consideration money, the accused persons abused and assaulted to the complainant.

Patna High Court Cr.Misc. No.48476 of 2018 (2) dt.24-08-2018 2/2 Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case with ulterior motive and the petitioner No.1 was owner of the sold land and the petitioners have no criminal antecedents.

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)each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Araria in connection with Complaint case No. 3281c of 2015, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/Ranjeet U T