Patna High CourtCR. MISC./47692/2017bail granted

Sohi Yadav And ORS v. The State Of Bihar

2017-10-17Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47692 of 2017 Arising Out of PS.Case No. -520 Year- 2017 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Sohi Yadav, Son of Late Doman Yadav

2. Jitendra Kumar, Son of Late Bali Ram Yadav

3. Naresh Yadav, Son of Sohi Yadav All R/o village- Sharthua Tola Bazar Par, P.S. Makhdumpur, Distt. Jehanabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-10-2017 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. The prosecution case is that the petitioners persuaded the informant to purchase a land situated on Jehanabad-Gaya Road. The consideration amount was fixed for Rs.6,25,000/-. The accused persons showed the rent receipt in the name of Sudama Yadav, who was claimed to be the

Patna High Court Cr.Misc. No.47692 of 2017 (2) dt.17-10-2017 2/3 grandfather of the petitioners. Consequently, the informant on 04.11.2016 gave Rs.1,00,000/- and further Rs.1,00,000/- on 17.11.2016. Thereafter, the date was fixed for demarcation on 18.11.2016. The petitioners did not reach there and on enquiry the informant came to know that the land does not belong to the petitioners rather the land belongs to one Shyam Sundar Sharma and Naresh Sharma.

It is submitted by learned counsel for the petitioners that in the background of contractual nature of dispute, the accusation has been levelled. There is no proof with regard to the payment. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Learned APP submits that the petitioners took Rs.2,00,000/- from the informant.

Considering the nature of accusation arising out of contractual nature of dispute, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Jehanabad in connection with Jehanabad

Patna High Court Cr.Misc. No.47692 of 2017 (2) dt.17-10-2017 3/3 P.S. Case No. 520 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T