Vivekanand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21619 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -ISHAKCHAK District- BHAGALPUR ====================================================== Vivekanand, Son of Late Laldhan Prasad Sah, Resident of Mohalla- T.N. Singh Road, P.S.- Adampur, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Ishakchak P.S. Case No. 179 of 2016 registered for the offences punishable under Sections 420, 467, 471, 120-B, 323, 504 and 506/34 of the Indian Penal Code.

It is stated by Mr. Bibhuti Pandey, learned Senior Advocate for the petitioner that the petitioner has been made accused on the basis of a complaint filed in the court, which was sent to the police for institution of the FIR. It submitted that as a matter of fact, the father of the informant came to know about negotiation with respect to land and intervened in the matter and he along with his son Pawan Rai and Kumar Prabhakar came with a proposal to deal with entire area of the said plot and

Patna High Court Cr.Misc. No.21619 of 2017 (2) dt.06-07-2017 2 / 2 another deed of agreement for sale for a piece of land measuring 20 kathas was executed on 18.07.2014. He submitted that the petitioner has become victim of ill motive of the informant and his father for his no fault. He further contended that the petitioner has got roots in the society is not likely to flee from justice. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. He has submitted that it is a gross case of cheating made by the petitioner.

Be that as it may, regard being had to the nature of the allegation, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bhagalpur in connection with Ishakchak P.S. Case No. 179 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender within a period of six weeks from today. (Ashwani Kumar Singh, J.) Sanjeet/- U T