Alimuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40848 of 2015 Arising Out of PS.Case No. -278 Year- 2014 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Alimuddin son of Late Kantu, resident of village - Bahadurganj Guna Shamesar, Police Station - Bahadurganj in the district of Kishanganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Mr. R.S.Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Bahadurganj P.S. Case No.278 of 2014 registered under Sections 419, 420 and 406 of the Indian Penal Code.
Learned counsel for the petitioner submitted that by a reasoned order dated 14.8.2015 passed in Cr.Misc. No.34534 of 2015 a co-accused, namely, Rajesh Kumar Agrawal, whose case is similarly situated to that of the petitioner, has already been granted anticipatory bail by a co-ordinate Bench of this Court. He has further submitted that at best the dispute is of civil nature and ingredients of criminal offence punishable under sections 419, 429 and 406 of the Indian Penal Code are not attracted in the present
Patna High Court Cr.Misc. No.40848 of 2015 (4) dt.08-12-2015 2/2 case.
Learned counsel for the opposite party no.2 has submitted that the accused persons including the petitioner connived together and cheated the informant. They assured to sell a piece of plot but after receiving more than six lakh, they executed the sale deed to someone else.
Be that as it may, regard being had to the facts and circumstances of the case, in event of arrest or surrender in the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No.278 of 2014 corresponding to G.R. No.2058 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T