Patna High CourtCR. MISC./34621/2019bail granted

Kesho Rai v. The State Of Bihar

2019-08-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34621 of 2019 Arising Out of PS. Case No.-100 Year-2018 Thana- CHAORI District- Bhojpur ====================================================== KESHO RAI, S/o Late Lakshman Rai, R/o village- Andhari, P.S.- Chauri, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Bhushan Mishra For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 This is an application for grant of anticipatory bail in connection with Chauri P.S. Case No. 100 of 2018, disclosing offences under Sections 420 & 406 of IPC.

Prosecution story is that petitioner has handed over the land to the informant for a period of 1.06.2018 to 31.10.2019 for storage of sand but thereafter, he executed another deed in favour of Subhash Mishra for the same land. Submission of the learned counsel for the petitioner is that he is an old age person and lease of the land has already been cancelled in favour of Subhash Mishra by an affidavit. Heard learned A.P.P. also.

In this case notice was issued to the opposite party no.2, it appears from the office note that opposite party no.2 has received the notice, but no one appears on his behalf.

Patna High Court CR. MISC. No.34621 of 2019(3) dt.07-08-2019 2/2 Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of Dr. Rajesh Singh, leaned Judicial Magistrate, Ara, in connection with Chauri P.S. Case No. 100 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T