Anup Lal Rai @ Heman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36968 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== Anup Lal Rai @ Heman Rai, Son of Late Laldeo Rai, Resident of VillageBahuara, P.S.- Patepur, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Sri Shyam Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Patepur P.S Case No. 20 of 2018 registered for the offences punishable under Section 406, 420/34 of the Indian Penal Code. Allegedly, the petitioner and his son came at the house of the informant and asked for money for the purpose of performing the marriage of his daughter and talked for selling the land and, thereafter, again they went at the house of the informant and agreed to sell the land at the rate of Rs. 5,00,000/- per Katha and took Rs. 4,00,000/- from the informant as an advance with condition that to receive the remaining amount of Rs. 1,00,000/- at the time of execution of the sale

Patna High Court Cr.Misc. No.36968 of 2018(2) dt.28-06-2018 2/3 deed but thereafter the petitioner and his son neither executed the sale deed after receiving the amount of Rs. 1,00000/- nor returned the money as taken an advance.

Submission is of false implication, the petitioner is the neighbours of the informant, there was no talk for selling the land, as alleged in the F.I.R. there is no chit of paper in that regard, only with a view to put pressure upon the petitioner to execute the sale deed in respect of the land situated near the house of the informant this false case has been lodged without any fault, the petitioner is suffering in custody since 28.04.2018 having no criminal antecedent, he is an old man aged more than 65 years and, as such, the petitioner deserves sympathetic consideration. The son of the petitioner has already been allowed pre-arrest bail vide Cr. Misc. No. 31978 of 2018 by another co-ordinate bench of this Court..

Learned A.P.P. fairly submits that the son of the petitioner who is co-accused has been allowed pre-arrest bail. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Patepur P.S.

Patna High Court Cr.Misc. No.36968 of 2018(2) dt.28-06-2018 3/3 Case No. 20 of 2018, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T