Hari Shankar Sah @ Hari Shankar Prasad Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62407 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== 1.
Hari Shankar Sah @ Hari Shankar Prasad Gupta Son Of Late Prithvi Chandra Sah Resident Of Village- Bhatauna, Ps- Karja, Distt- Muzaffarpur 2.
Vijay Kumar Son Of Hari Shankar Sah @ Hari Shankar Prasad Gupta Resident Of Village- Bhatauna, Ps- Karja, Distt- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vaishnavi Singh For the Opposite Party/s :
Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State and learned counsel for the complainant.
2. The petitioners apprehend their arrest in connection with Karja P.S. Case No. 176 of 2023, registered for the offences punishable under Sections 341, 323, 406, 420, 120(B), 504, 506/34 of the Indian Penal Code.
3. As per the F.I.R., allegation against the petitioners is that they took the consideration money of Rs. 3,00,000/- from the informant and not executed the sale deed in favour of the informant.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.62407 of 2023(4) dt.22-01-2024 2/3 petitioners are innocent and have been falsely implicated in this case. Petitioners have got no criminal antecedent mentioned in Para 3 of the bail application. He further submits that petitioners are ready to pay Rs. 3,00,000/- in three equal installments within a period of three months to the informant.
5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the statement made on behalf of the petitioners, let the above named petitioners, be released on provisional bail for six months, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/-(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/ successor Court in connection with Karja P.S. Case No. 176 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. The learned Court shall confirm the provisional bail of the petitioners after satisfying that the petitioners have already paid Rs. 3,00,000/- to the informant within a period of three months.
Patna High Court CR. MISC. No.62407 of 2023(4) dt.22-01-2024 3/3
8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Ranjeet/- U T