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Patna High CourtCR. MISC./52642/2019disposed

Arbind Kumar v. The State Of Bihar

2019-11-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52642 of 2019 Arising Out of PS. Case No.-304 Year-2018 Thana- SALIMPUR District- Patna ====================================================== 1.

ARBIND KUMAR Son of Mahabir Prasad Resident of Village - Dih Majhauli, P.S.- Salimpur, District - Patna.

2.

Mahabir Prasad Son of Rup Chandra Paswan Resident of Village - Dih Majhauli, P.S.- Salimpur, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Janardan Sharma Son of Late Nathan Singh Resident of Village - Bihla, P.S.- Salimpur, District - Patna.

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

For the Petitioner/s :

Mr.Abhay Kumar Thakur For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406, 420, 34 of the Indian Penal Code.

Accusation against the petitioners is that they took Rupees Four Lacs as consideration amount as advance for transfer of the land, but neither the land was transferred nor the money was returned to the informant.

It is submitted by learned counsel for the petitioners that the petitioners admit taking of Rupees Two Lacs as advance in stead of Rupees Four Lacs and they are ready to return Rupees

Patna High Court CR. MISC. No.52642 of 2019(4) dt.16-11-2019 2/2 Two Lacs.

It is submitted by learned APP for the State that the accusation is specific against the petitioners. Without expressing any opinion with regard to accusation, considering the present stand of the petitioners, let the above named petitioners be released on anticipatory bail provisionally for three months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-III, Barh, Patna, in connection with Salimpur P.S. Case No.304 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioners will be confirmed by the learned Court below on submission of bank draft of Rupees Two Lacs in favour of the informant before the learned Court below which will be released in favour of the informant by the learned Court below.

(Dinesh Kumar Singh, J) Ashwini/- U T