Ram Naresh Prasad @ Ram Naresh Prasad Singh @ Naresh Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71182 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- PALI District- Jehanabad ====================================================== 1.
Ram Naresh Prasad @ Ram Naresh Prasad Singh @ Naresh Prasad and Ors S/o Late Yadunandan Mahto, resident of Village- Belaganj, P.S.- Belaganj, District- Gaya.
2.
Pinku Kumar @ Pinku Kumar Chanchala @ Rishu Kumar, S/o Madan Prasad Chanchala.
3.
Vikash Kumar, S/o Madan Prasad Chanchala.
4.
Madan Prasad @ Madan Prasad Chanchala, S/o Late Yadunandan Mahto. 5.
Ramdas Bhagat, S/o Late Suryadeo Bhagat, All Nos. 2 to 5 are Residents of Village- Uttarserthu, P.S.- Kako Pali, District- Jehanabad. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Prasad Mr. Dheeraj Kumar For the Opposite Party/s :
Mr. Harendra Prasad for the informant :
Mr. Nagendra Dubey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioners apprehends their arrest for the offences alleged under Sections 467, 468, 471, 472, 420/120(B) of the Indian Penal Code registered in connection with Pali P.S. Case No. 40 of 2018.
3. It is submitted that the petitioner has been falsely implicated in a transaction which is purely of civil nature and in respect of which Title Suit No.57 of 2018 is already pending
Patna High Court CR. MISC. No.71182 of 2018(3) dt.01-03-2019 2/3 before the Munsif, Jehanabad. Petitioner No.1 and 3 are sons of petitioner No.4, while petitioner No.5 is scribe of the concerned sale deed. Petitioners claim clean antecedent.
4. Learned APP for State assisted by learned counsel for the informant appearing suo motu have been heard.
5. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Umesh Prasad, learned Judicial Magistrate, Ist Class, Jehanabad in connection with Pali P.S. Case No. 40 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the
Patna High Court CR. MISC. No.71182 of 2018(3) dt.01-03-2019 3/3 State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) sanjeev/- U T