Abhiram Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30596 of 2019 Arising Out of PS. Case No.-373 Year-2018 Thana- GAIGHAT District- Muzaffarpur ====================================================== ABHIRAM JHA Son of Late Kumal Kant Jha @ Komal Jha Resident of Village - Ladaur, P.S.- Gaighat, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2019 This application, for grant of anticipatory bail, arises out of Gaighat P.S. Case No. 373 of 2018, disclosing offences under Sections 406, 420 and 34 of the Indian Penal Code. Prosecution case is that petitioner has taken Rs. 2,82,000/- from the informant on the pretext of treatment of his wife, thereafter, he could not return the said amount to the informant instead executed a sale deed in favour of the informant but later on the informant came to know that the land in question belong to the uncle of the petitioner and as such he could not get possession over the land and when the informant asked the petitioner to return his money, he shown his inability to return the same.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and the land in

Patna High Court CR. MISC. No.30596 of 2019(5) dt.27-08-2019 2/2 question belongs to the petitioner and he is ready to give the possession to the informant over the said land. Heard learned A.P.P. as well as learned counsel for the informant.

Having heard both sides, in view of the above facts, petitioner is directed to surrender in the court below by 11.09.2019 and on surrender the court below shall release the petitioner on provisional bail for a period of three months on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) during which period the petitioner will get possession of land be handed over to the informant and once the possession is given to the informant, he will file an affidavit in this regard in the court below, thereafter, the court below shall confirm the provisional bail of the petitioner otherwise, the petitioner will have to surrender and pray for regular bail. With the above observation and direction, this application is disposed of.

(Vinod Kumar Sinha, J) sunilkumar/- U T