Patna High CourtCR. MISC./38234/2018bail granted

Arvind Kumar And ANR v. State Of Bihar And ANR

2018-08-21Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38234 of 2018 Arising Out of PS. Case No.-821 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ======================================================

1. Arvind Kumar, S/o Mahesh Ram,

2. Anil Kumar, S/o Mahesh Ram, Both R/o Village- Girdhariya, P.S.- Shiv Sagar, District- Rohtas.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Lalita Singh, S/o Sri Ganga Singh, R/o Village- Bhaisola, P.S.- Kudra, District- Kaimur (Bhabhua).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Murari Mishra For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioners , learned APP for the State and learned counsel for the informant. Petitioners apprehend their arrest in Complaint case no. 821 of 2017 instituted for the offence under Section(s) 420 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that an agreement has been entered into with five person including opposite party no.2. It is further submitted that as per agreement entered into between the petitioners and five purchasers as mentioned in the agreement the deal was fixed for Rs. 68 lacs. The petitioners have already executed the sale deed with respect to 45 decimals of land to the purchasers. Petitioners have

Patna High Court Cr.Misc. No.38234 of 2018(3) dt.21-08-2018 2/3 admitted that they have received an amout of Rs. 63 lacs from the purchasers. It is further submitted that they are ready to execute the sale deed of the remaining land after receiving the rest amount as per agreement. It is further pointed out that other co-accused with similar allegation has already been granted anticipatory bail by this Court by order dated 17.7.18 passed in Cr. Misc. no. 39067 of 2018 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Complaint case no. 821 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Rohtas, Sasaram, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Patna High Court Cr.Misc. No.38234 of 2018(3) dt.21-08-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T