Surendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36725 of 2018 Arising Out of PS. Case No.-143 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ======================================================

1. Surendra Yadav S/o Sarwdeo Yadav, Resident of village- Maya Bigha, P.S.- Madanpur, District- Aurangabad.

2. Ravindra Singh S/o Ram Lakhan Singh, Resident of Village - Narsiha, P.S.- Aurangabad, (M), District- Aurangabad.

... ... Petitioners

Versus

1. The State Of Bihar

2. Doman Chouhan, son of Late Ram Padarath Chouhan, resident of village Maya Bigha, P.S.- Madanpur, District- Aurangabad.

3. Tilak Thakur, son of Riti Thakur, resident of Darbhanga Dakghar Dadhali, P.S. Madanpur, District Aurangabad ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 420, 406,120(B), and 506/34 of the Indian Penal Code registered in connection with Aurangabad Town P.S. Case No. 143 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the accusation of having paid any money to the petitioners is denied and there is no money receipt or other materials to corroborate the accusation in this regard. The sale deeds in question have been admittedly executed in favour of the purchaser. It is further submitted that if the informant had any grievance with regard to earlier transaction, it is highly improbable that he would have entered into the subsequent transaction through the petitioners after a period of two years. No complaint of any nature was made by

Patna High Court Cr.Misc. No.36725 of 2018(7) dt.04-02-2019 2/2 the informant in respect of the earlier transaction. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 143 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/Chandran (Vikash Jain, J) U T