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Patna High CourtCR. MISC./44943/2015bail granted

Ajay Singh v. The State Of Bihar

2016-02-22Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44943 of 2015 Arising Out of PS.Case No. -166 Year- 2015 Thana -CHAPRA TOWN District- SARAN ====================================================== Ajay Singh, son of Jamuna Singh, resident of Village- Saidpur Dighwara, P.S. Dighwara, District- Saran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Kr.Ranjit Ranjan(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and the learned A. P.P. for the State.

Petitioner apprehends his arrest in connection with Chapra Town P.S. Case No. 166 of 2015 registered for offences punishable under Sections 409 and 420 of the Indian Penal Code.

The prosecution case, in brief, is that petitioner has taken excess amount of Rs. 1,31,472/- from District Land Acquisition Office, Saran, Chapra for the land acquired by the Government near N.H.-19 fraudulently claiming as his land, but later on one Rajesh Singh claimed himself to be the owner of the acquired land and asked for compensation, whereafter several notices were sent to the petitioner to return the excess

Patna High Court Cr.Misc. No.44943 of 2015 (3) dt.22-02-2016 2/3 amount received by him, but he did not pay any heed. It has been submitted by the counsel for the petitioner that he bears no criminal antecedent, as is evident from paragraph-3 of this petition and he is ready to deposit the excess amount of Rs. 1,32,472/- received by him from the District Land Acquisition Office, Saran, Chapra. As undertaken by the petitioner, let petitioner deposit a sum of Rs. 1,31,472/- in the office of District Land Acquisition Officer, Saran, Chapra within a period of one month from the date of receipt/ production of a copy of this order.

In view of the aforesaid undertaking, let petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Chapra Town P.S. Case No. 166 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

It is made clear that if petitioner does not deposit the said amount in the office of the District Land Acquisition

Patna High Court Cr.Misc. No.44943 of 2015 (3) dt.22-02-2016 3/3 Officer, Saran, Chapra and show the receipt thereof within the time stipulated, the learned court below will be at liberty to cancel his bail bond without being prejudiced by this order. (Nilu Agrawal, J.) Arjun/- U T