Jawahar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10447 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- MANSI District- Khagaria ====================================================== 1.

JAWAHAR SAH, SON OF NARAYAN SAH VILLAGE MATIHANI (CHAKHUSSAINI), P.S.- MANSI, DISTRICT- KHAGARIA. 2.

PRABHU SAH SON OF SHUKDEO SAH RESIDENT OF VILLAGERAJAJAN, P.S.- MANSI, DISTRICT- KHAGARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Kumar Sinha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-02-2022 Mr. Shivendra Kumar Sinha, learned advocate for the petitioner seeks permission of this Court to carry out correction in the prayer portion of the petition with respect to the Case No. and the Court where the case is pending. The permission is granted.

Let that be done during the course of the day. The petitioners seek bail in anticipation of their arrest in connection with Mansi P. S. Case No. 221 of 2020 (G.R. No. 2284 of 2020), instituted for the offences under Section 420 of the Indian Penal Code.

The informant is stated to have sold his tempo

Patna High Court CR. MISC. No.10447 of 2021(2) dt.21-02-2022 2/3 (three wheeler) to one Manoj Lal for the consideration amount of Rs. 1,50,000/- with an assurance that he shall pay a monthly installment of Rs. 12,500/-. The petitioners are said to have signed on such agreement as witnesses. The vehicle of the informant was held back by aforesaid Manoj Lal and the amount which was promised by him had not been paid to the informant.

Hence, this case.

The petitioners are not the purchasers of the vehicle in question and they are only said to be the witnesses on the deed by which the conditional sale was effected.

Considering the afore-stated nature of accusation against the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection

Patna High Court CR. MISC. No.10447 of 2021(2) dt.21-02-2022 3/3 with Mansi P. S. Case No. 221 of 2020 (G.R. No. 2284 of 2020), subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T