Ramendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39551 of 2019 Arising Out of PS. Case No.-255 Year-2018 Thana- JAGDISHPUR DistrictBhojpur ====================================================== RAMENDRA YADAV, aged about 30 years, male, Son of Bhagwan Yadav Resident of Village- Jagdishpur, Police Station- Jagdishpur, DistrictBhojpur. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Ganpat Singh Son of Late Kamta Singh Resident of Village- Khairahi, Police Station- Agiaon Bazar, District- Bhojpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Rama Kant Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 420, 467, 468 of the Indian Penal Code registered in connection with Jagdishpur P.S. Case No. 255 of 2018.

3. It is submitted that the petitioner has been falsely implicated in a complaint-based F.I.R. on the accusations of having received part consideration money amounting to Rs. 8,08,000/- for sale of his land but on demand being made by the complainant, neither the land was registered in his favour nor the money refunded. It is submitted that as a matter of fact the entire amount received by the petitioner has already been refunded to the complainant. In any event the dispute between the parties is at best one of civil nature. The petitioner claims clean antecedents.

Patna High Court CR. MISC. No.39551 of 2019(3) dt.23-08-2019 2/2

4. Learned counsel for the complainant/informant appears and opposes the petition, submitting that the petitioner had signed a written agreement for sale of land but has resiled from his promise.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial MagistrateXI, Bhojpur, Ara in connection with Jagdishpur P.S. Case No. 255 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

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

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner 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, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T