Ramashankar Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32893 of 2018 Arising Out of PS. Case No.-167 Year-2018 Thana- RUPASPUR District- Patna ======================================================
1. Ramashankar Prasad, S/o Late Shiv Dahin Sah,
2. Vikramditya Prasad S/o Rama Shankar Prasad, Both are R/o Vill.- Sheikhpura, P.S- Shashtrinagar, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv, Mr. Nilesh Kumar, Adv, Mr. Shashank Shekhar, Adv For the State :
Mr. Ram Priya Saran Singh, APP For the Informant :
Mr. Saroj Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for petitioners and learned counsel for the State as well as learned counsel for the Informant.
Petitioners seeks bail in Rupaspur P.S. Case No. 167 of 2018 registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code.
Allegation against the petitioners is of allegedly executing sale deed of land without having title and possession over land rather the land belonged to one Shiv Pujan Rai and Laxman Rai.
It has been submitted on behalf of the petitioners that the petitioners have been implicated in this case by
Patna High Court Cr.Misc. No.32893 of 2018(5) dt.27-09-2018 2/3 purchaser as he does not want to pay the remaining consideration amount. It has been further submitted that no criminal offence is made out rather the dispute is purely a civil dispute. Petitioners have got no criminal antecedent and are in custody since 28.04.2018.
Learned counsel for the Informant vehemently opposes the prayer for bail.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned ACJM, 2nd Danapur, in connection with Rupaspur P.S. Case No. 167 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bond.
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.32893 of 2018(5) dt.27-09-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) ranjan/- U