Upendra Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.11274 of 2016 (2) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11274 of 2016 Arising Out of PS.Case No. -307 Year- 2013 Thana -CHAPRA TOWN District- SARAN ====================================================== Upendra Kumar Singh Son of Kuldeep Singh resident of village - Newajee Tola, Sandha Mathiya, Police Station - Chapra Muffasil, District - Saran at Chapra .... .... Petitioner

Versus

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

For the Petitioner : Mr. Narendra Kumar, Advocate For the Opposite Party : Mr. P.N.Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Chapra Town P.S. Case No. 307 of 2013 for the offences instituted under Sections 420, 467, 468 and 120(B)/34 of the Indian Penal Code.

The prosecution case is that co-accused Prince Kumar Singh claimed himself to be the power of attorney holder with regard to a land on behalf of the actual land holder being Mahesh Giri, Ashok Giri and Sunil Giri and entered into an agreement for sale with the informant. The informant paid rupees ten lacks three thousand as advance to co-accused in presence of the other accused persons.

Patna High Court Cr.Misc. No.11274 of 2016 (2) dt.25-04-2016 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. The amount in question was paid to co-accused Prince Kumar Singh and the matter has already been compromised between the parties. The other co-accused persons have already been granted anticipatory bail by this Court vide Cr.Misc.No.38839 of 2015 and Cr.Misc.No.42893 of 2015. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Chapra Town P.S. Case No. 307 of 2013 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T