Sunil Shekhar v. The State Of Bihar

Patna High Court Cr.Misc. No.51809 of 2017 (2) dt.03-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51809 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -HABIBPUR District- BHAGALPUR ====================================================== Sunil Shekhar, S/o Yudhishthir Mandal, Resident of Mohalla-Salehpur, P.S.-Habibpur, District-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Habibpur P.S. Case No. 02 of 2017, registered under Sections 323, 341, 406, 407, 420/34, 120(B), 386 and 327 of the Indian Penal Code.

The accusation is that the informant, Brajesh Kumar Singh, purchase the land in the name of his father from coaccused, Surendra Kumar @ Sonu. Thereafter, he constructed the boundary wall over the purchased land and went at his work place. When the informant went at his plot then he found that boundary wall has been broken then he went at the house of Surendra Kumar @ Sonu and inquired about the facts, on which, Surendra

Patna High Court Cr.Misc. No.51809 of 2017 (2) dt.03-11-2017 Kumar @ Sonu made demand of ransom from the informant and also started to abuse him. As such, accused persons named in the F.I.R. cheated the informant.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that no specific overt act has been attributed against the petitioner rather he is simple the witness of the sale deed executed by Surendra Kumar @ Sonu in favour of the father of the informant.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-XII, Bhagalpur, in connection with Habibpur P.S. Case No. 02 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T