Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47172 of 2019 Arising Out of PS. Case No.-309 Year-2017 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== BHOLA PASWAN, aged about 46 years, Son of Ram Pulish Ram Resident of Village - Bara Bariyarpur, P.S.- Chhatauni, Dist.- East Champaran.

... ... Petitioner

Versus

1. The State of Bihar

2. Suraj Kumar, son of late Brij Kishore Prasad, R/V - Naya Gao. P.S. - Kesariya, District - East Champaran.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 4.

14-10-2019 Heard learned counsel for the petitioner, learned counsel for the informant as also learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Muffasil P.S. Case No. 309/2017 registered under Sections 406/420 of the Indian Penal Code. Learned counsel for the petitioner and the informant have in course of argument agreed that the petitioner shall pay a sum of Rs. 2,50,000/- which is the cheque amount to the informant within four weeks from today by way of a demand draft payable in favour of the informant.

Learned counsel for the informant submits that on encashment of the said demand draft the petitioner would

Patna High Court CR. MISC. No.47172 of 2019(4) dt.14-10-2019 2/2 execute a relinquishment deed of the land in favour of the vendors, however the cost of registration would be required to be borne by the vendors.

In the given facts and circumstances of the case where the petitioner has undertaken to refund the amount of Rs. 2,50,000/- to the informant by way of demand draft within four weeks from today and thereupon the informant shall execute a relinquishment deed at the cost of the petitioner, let the abovepetitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, in connection with Muffasil P.S. Case No. 309/2017, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure and further condition that while submitting the bail bond the petitioner shall place on record the proof of payment of Rs. 2,50,000/- in form of demand draft in favour of the informant.

This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T