Kedar Singh And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.12225 of 2015 (4) dt.08-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12225 of 2015 Arising Out of PS.Case No. -311 Year- 2012 Thana -COMPLAINT CASE District- SHEOHAR ======================================================

1. Kedar Singh S/o Late Bindeshwar Singh

2. Rahul Kumar S/o Kedar Singh Both R/o Village - Aura, P.S. Taraiyani, District - Sheohar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ganesh Singh S/o Late Mangal Singh R/o Village - Aura, P.S. Taraiyani, District - Sheohar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Aditya Nr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner, learned Additional Public Prosecutor, appearing on behalf of the State and learned counsel for the Opposite party no.2.

This application for grant of anticipatory bail arises out of Complaint Case No. 311 of 2012, disclosing offences under Sections 420,467,468 of the Indian Penal Code.

It transpires that the allegation against the petitioners is of having received amount of compensation subsequent to land acquisition with respect to a land which is claimed to be belonging to the Opposite party No.2.

Only for the purpose of grant of anticipatory bail, learned counsel for the petitioners has submitted that the petitioners would be depositing the claimed amount, i.e., Rs. 3,12,000/- in the office of

Patna High Court Cr.Misc. No.12225 of 2015 (4) dt.08-02-2016 District Land Acquisition Officer, Sheohar within two weeks from today. This will be without prejudice to the rights and contentions of the petitioners which they may have before any authority/Court relating to their claim of title etc.

Considering the aforesaid submissions and the facts and circumstances, it is directed that if the petitioners surrender before the Court below within two weeks after depositing the said amount of Rs. 3,12,000/- within two weeks as undertaken, they above-named shall 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 Sri A.K. Tripathi, learned J.M. Ist Class, Sheohar in Complaint Case No. 311 of 2012, 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 themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U