Narayan Sahani v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49732 of 2018 Arising Out of PS.Case No. -2310 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Narayan Sahani S/o Late Badhu Sahani resident of village - Bahuarwa Tola Bairatpur, P.S.Majhaulia, District West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Prem Sahani S/o Ram Lagan Sahani resident of Bairatpur, P.S. Majhaulia, District - West Champaran.

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. B.N. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.2310 of 2014, Tr. No.3251 of 2017, Tr. No.2884 of 2018, registered for offences punishable under Sections 420, 465, 471 of the Indian Penal Code. Allegation against the petitioner is that the land which had already been sold by one Dukhiya Devi in favour of the complainant has been purchased by the petitioner from her husband.

Submission of the learned counsel for the petitioner is that he is purchaser whereas the allegation is against the person who has sold the land.

Patna High Court Cr.Misc. No.49732 of 2018 (3) dt.29-08-2018 2/2 Heard learned counsel for the complainant. and the learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist class, Bettiah, District West Champaran in connection with Complaint Case No.2310 of 2014, Tr. No.3251 of 2017, Tr. No.2884 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T