Abhay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11184 of 2016 Arising out of PS.Case No. -133 Year- 2014 Thana -PARASBIGHA District- JEHANABAD ====================================================== Abhay Kumar, Son of Rajendra Prasad, resident of village- Mairi, P.S.- Paliganj, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Dr. Sanjay Kumar, Son of Dr. Chandrika Prasad, resident of Court Area, P.S. + District- Jehanabad.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ranjay Kumar Singh, Advocate. For the State : Mr. C. Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Parasbigha P.S. Case No. 133 of 2014 for the offences instituted under Sections 420 and 406/34 of the IPC. The prosecution story, in brief, is that Mamta Kumari and this petitioner offered to sell a piece of land of Khata No. 514/218, Plot No. 1192/3078 and other plots on consideration money of Rs. 71,53,000/-. The informant gave Rs. 15,00,000/- through Bank Draft and Rs. 2,51,000/- in cash after receiving acknowledgement of receipt of money.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.11184 of 2016 (2) dt.25-04-2016 2/2 petitioner has falsely been implicated in the present case. The only allegation is that the petitioner is a witness on the agreement for sale. The other co-accused have been granted anticipatory bail by this Court vide Cr. Misc. No. 9941 of 2015 and Cr. Misc. No. 38278 of 2015.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 in connection with Parasbigha P.S. Case No. 133/2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jehanabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T