Bharat Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44942 of 2023 Arising Out of PS. Case No.-64 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== BHARAT PRASAD son of Late Ganesh Prasad @ Late Ganesh Ram VillagePakari bazar Bisati Pati Ps- Motihari Tiwn Dist- E. Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-08-2023 No one appears on call.

The petitioner apprehend his arrest in connection with Turkauliya P.S. Case No. 64 of 2022 for the offence punishable under Sections 420, 406/ 34 of the IPC, lodged on 19.01.2022 by the informant Virendra Kumar.

As per the prosecution story, the allegation is that the Raj Kishore Prasad @ Munna showing his problem and wanted to sale a piece of land to Rs. 15,00,000/- but neither the land was sold nor the money returned.

As per the petition, the petitioner is the brother and allegation is against Raj Kishore Prasad but all the brothers have been named and further as per Annexure 2 the other brothers had been extended the privilege of the Anticipatory bail one being Cr. Misc. No. 35282 of 2022.

Patna High Court CR. MISC. No.44942 of 2023(2) dt.04-08-2023 2/3 Learned APP opposes the prayer.

In that view of the matter, the alleged amount of Rs. 15,00,000/ has been taken by the said Raj Kishore Prasad, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

Let the petitioner, in the event of his arrest or surrender within a period of four weeks from the date of the receipt of the order, 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 C.J.M Motihari, East Champaran at Motihari, in connection with Turkauliya P.S. Case No. 64 of 2022 , subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his

Patna High Court CR. MISC. No.44942 of 2023(2) dt.04-08-2023 3/3 attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.

(Rajiv Roy, J) Jagdish/Jyoti/- U T