Shakti Nath v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48462 of 2019 Arising Out of PS. Case No.-309 Year-2018 Thana- RUPASPUR District- Patna ====================================================== SHAKTI NATH S/O- Sri Maur Singh Resident of Village- Mohammadali Chak, P.S.- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar Rahul Kumar son of Mahendra Prasad Singh resident of village Rupaspur Sahay nagar P.S. Rupaspur Dsitrict Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Thakur Mr. Nilesh Kr.
Ms. Babita Kumari For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Rupaspur P.S.Case No.309 of 2018 dated 21.7.2018 , registered for offences punishable under Sections 406, 420 of the Indian Penal Code.
As per FIR, petitioner and other accused persons who are land mafia has entered into an agreement with the informant for execution of the sale-deed with respect to a piece of land. It is also alleged that on different dates, he has given Rs.5 lac each to the accused persons and later on he has transferred Rs.8 lac in the account of Sanjay Kuamr through RTGS but the land was
Patna High Court CR. MISC. No.48462 of 2019(4) dt.22-11-2019 2/3 not transferred as such they have cheated the informant . Submission of the learned counsel for the petitioner is that even according to the FIR, there is no allegation that petitioner has received any money and he has falsely been implicated in this case. He is ready to abide by any condition imposed upon him.
In this case, earlier the notice was issued to the O.P.no.2 also . It appears from the office note that O.P.no.2 has received registered cover notice but in spite of that no body appears on behalf of the O.P.no.2.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM -II, Danapur in connection with Rupaspur P.S.Case No.309 of 2018 dated 21.7.2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation and appear as and
Patna High Court CR. MISC. No.48462 of 2019(4) dt.22-11-2019 3/3 when required.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T