Ram Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10714 of 2015 Arising Out of PS.Case No. -716 Year- 2014 Thana -KOTWALI District- PATNA ======================================================

1. Ram Kumar Mandal Son of Ram Khelwan Mandal, Resident of Gangotri Apartment, Near LTC ghat, P.S. - Patliputra, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl.APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-03-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.

It is alleged that the informant entered into an agreement with co-accused Binod Kumar for execution of the sale deed with regard to a land. Informant gave Rs. 1,50,000/- to Binod Kumar as earnest money and subsequent entrusted Rs. 50,000/-, 70,000/- total Rs. 3,70,000/-. It is alleged that the petitioner was given Rs. 50,000/- as advance. Subsequently sale deed with regard to the land was executed by Binod Kumar in favour of his wife. It is alleged that when the informant demanded back

Patna High Court Cr.Misc. No.10714 of 2015 (2) dt.17-03-2015 his money then the accused persons abused the informant by calling caste name.

It is submitted by the learned counsel for the petitioner that the petitioner was only a witness to the agreement. Petitioner was given Rs. 50,000/- with different purpose prior to entering into the agreement and the statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the thrust of accusation against coaccused Binod Kumar, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 716 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T