Abhay Mishra @ Tuntun Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52864 of 2019 Arising Out of PS. Case No.-120 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Abhay Mishra @ Tuntun Mishra, S/o Late Govinddeo Mishra Resident of Village- Baudh Tola Lachhnauta, P.S.- Sathi, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bettiah Town P.S. Case no. 120 of 2018, registered under Section 406 and 420 of the Indian Penal Code. The accusation is that informant Amar Nath Jha was accompanied by Abhay Mishra @ Tuntun Mishra (Petitioner) from Rameshwar Halt Station at the house of his friend Madan Singh as the informant wanted to purchase the land and informant was show 11 katha land of Plot No. 2536 of Khata No. 234 and the consideration was disclosed Rs. Six Lakhs. On the instruction of the petitioner, the informant gave Rs. One lakh, as advance, to Madan Singh and Rs. 97,000/- gave in registry office. Madan Singh changed his mind and said that he will sell only 04 Katha and 10 dhur. On 24.02.2015, Urmila Devi, wife of Madan Singh and her two sons, namely,

Patna High Court CR. MISC. No.52864 of 2019(2) dt.23-08-2019 2/2 Chunu Singh and Munna Singh took Rs. 2,10,000/- in registry office. Thereafter, after taking remaining amount sale deed was executed. When the informant got sale-deed after 20 days then he found Khata Khesra and boundary was changed in said sale deed.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner only introduced the Madan Singh to the informant and petitioner had not taken any payment in course of negotiation of the purchasing the land, but with ulterior motive, the petitioner has also been implicated in this case.

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 four 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 120 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T