Rajesh Bihari Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8454 of 2016 Arising Out of PS.Case No. -374 Year- 2012 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rajesh Bihari Mishra Son of Satyadeo Mishra Resident of Village - Kalibagh, Kargahia Pashchim, Near Chiura Mill, Bettiah, P.S. Bettiah, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The accusation against the petitioner is that he being mediator took huge amount from the informant to hand over the same to one Akhileshwar Pandey, who was landowner, but petitioner did not hand over the said amount to aforesaid Akhileshwar Pandey.

The contention on behalf of the petitioner is that, as a matter of fact, aforesaid Akhileshwar Pandey had executed an agreement to sale in favour of petitioner and informant on 19.05.2011 and petitioner paid huge amount to aforesaid Akhileshwar Pandey but aforesaid Akhileshwar Pandey did not execute the absolute sale deed. Thereafter, petitioner filed Complaint Case bearing Complaint Case No. 292 (C) of 2012 against the aforesaid Akhileshwar Pandey and in the aforesaid

Patna High Court Cr.Misc. No.8454 of 2016 (2) dt.01-03-2016 2/2 Complaint Case, the informant of the present case was shown as a witness. It is further submitted that after filing of the aforesaid case, the aforesaid Akhileshwar Pandey managed the informant of the present case and got instituted the present case against the petitioner and furthermore, the aforesaid Akhileshwar Pandey assured the informant of the present case to transfer the entire land in his favour. The investigation against the petitioner has already been completed and petitioner is in jail custody since long. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No. 374 of 2012. (Hemant Kumar Srivastava, J) N.K/- U T