Vishwanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46739 of 2019 Arising Out of PS. Case No.-393 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== VISHWANATH SINGH Son of Baleshwar Singh Resident of Village - Dedaur, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Singh For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bakhtiyarpur P.S. Case No. 393 of 2018 for the offence punishable under Sections 420, 467, 468, 471 and 120B/34 of the Indian Penal Code.

It is alleged that the First Information Report that co-accused Janardhan Singh and Narbadeshwar Singh had executed a sale deed in favour of the petitioner in respect of a land, which belongs to the informant.

Learned counsel appearing on behalf of the petitioner has submitted that if the case of the prosecution, as narrated in the First Information Report, is treated to be correct, it is the petitioner who has been cheated as he has been transferred a piece of land, which according to the informant, did not belong to the person, who executed the sale deed in the

Patna High Court CR. MISC. No.46739 of 2019(2) dt.29-07-2019 2/2 petitioner's favour.

I find substance in the submission made on behalf of the petitioner. This application is accordingly allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Barh, in Baktiyarpur P.S. Case No. 393 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T