Patna High CourtCR. MISC./46571/2018allowed

Dashrath Singh v. The State Of Bihar

2018-12-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46571 of 2018 Arising Out of PS. Case No.-108 Year-2017 Thana- CHARPOKHARI District- Bhojpur ====================================================== Dashrath Singh S/o Buteshwar Singh Yadav, R/o Vill.- Dullor Tola (Sammraon), P.S.- Charpokhri, District- Bhojpur. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Magawanti Devi @ Lagawanti Devi, wife of Umesh Sharma, resident of village- Sohari, P.S. Charpokhari, Dist. Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-12-2018 Heard counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Charpokhri P.S. Case No. 108 of 2017 for offences under Sections 420 and 406 of the Indian Penal Code. Counsel for the petitioner submits that the petitioner has no criminal antecedent. The petitioner has committed no offence. In fact, in the sale deed the husband of the informant has put his signature. It is alleged that the petitioner, after sale of the vehicle to the husband of the informant has approached the husband of the informant for handing over the vehicle for some emergency work and later on

Patna High Court Cr.Misc. No.46571 of 2018(3) dt.12-12-2018 2/2 his vehicle was handed over to another person, with whom the petitioner has entered into some understanding for sale of the vehicle.

Considering the totality of the fact situation when the transaction is of sale and purchase, the Court is inclined to grant anticipatory bail to the petitioner. Let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate X, Ara, Bhojpur, in connection with Charpokhri P.S. Case No. 108 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Anil Kumar Upadhyay, J) spandey/- U T