Anil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48942 of 2016 Arising Out of PS.Case No. -474 Year- 2014 Thana -GANDHIMAIDAN District- PATNA ====================================================== Anil Kumar Yadav, aged about 35 years, Son of Awadh Lal Yadav, Resident of Mohalla - Nikhil Wala Gali, Lodipur, P.S. Budha Colony, District Patna.

.... .... Petitioner.

Versus

1. The State of Bihar.

2. Sanjay Kumar Pandey (Ex. Army), son of Sri Satyadev Pandey, resident of Kamlashi Durga Mandir, Golghar Chouraha Budhghat, P.S. Gandhi Maidan, District-Patna.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. For the State : Mr. For the Informant-O.P. No.2 : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 12-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant/O.P. No.2.

The petitioner seeks bail in connection with Gandhi Maidan P.S. Case No.474 of 2014 registered under Sections 419, 420, 406 and 120(B) of the Indian Penal Code.

The accusation of the informant/O.P. No.2 Sanjay Kumar Pandey is that his sister-in-law Indu Pandey asked him to purchase one katha land also alongwith her in the mediation of the petitioner. Thereafter, the informant and his sister-in-law purchased one katha land each on payment of consideration of Rs.5,63,000/- but, after sometime,

Patna High Court Cr.Misc. No.48942 of 2016 (4) dt.12-04-2017 2/2 the sister-in-law of the informant received notice from the court that the sale deed through which she has purchased the land is illegal. After that, the informant and his sister-in-law approached the petitioner, who assured them that Murtaza Ali, the owner of Shalimar Milestone, is ready to give the another land but in spite of persuasion, neither the money was returned nor another land was given to the informant and his sister-in-law. On query, it was found that the person, who had sold the land to the informant and his sister-in-law was Gautam Kumar Singh.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the land was sold to the informant and his sister-in-law by Gautam Kumar Singh. Further submission is that the petitioner having no criminal antecedent is in custody since 29.06.2016 and, after investigation, the chargesheet has already been submitted.

Having regard to the facts and the circumstances of the case, the petitioner, above named, 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 Smt. Supria Goswami, Judicial Magistrate, First Class, Patna, in connection with Gandhi Maidan P.S. Case No.474 of 2014.

(Rajendra Kumar Mishra, J) P.S./- U T