Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42893 of 2015 Arising Out of PS.Case No. -307 Year- 2013 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Manoj Kumar Singh Son of Shiv Kumar Singh Resident of Village - Newaji Tola, Sandha Mathiya, Police Station - Chapra Muffasil, District - Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Narendra Kumar For the Opposite Party/s : Mr. Parmanand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-10-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420,467,468 and 120B/34 of the Indian Penal Code. The prosecution case is that co accused Prince Kumar Singh claimed himself to be the power of attorney holder with regard to a land on behalf of the actual land owner being Mahesh Giri, Ashok Giri and Sunil Giri. Relying on the assurance, the informant paid rupees ten lacs three thousand as advance to co accused Prince Kumar. Co accused Upendra Kumar Singh got prepared four sale

Patna High Court Cr.Misc. No.42893 of 2015 (2) dt.14-10-2015 2/3 deeds by the scribe Narendra Kumar in favour of himself, his wife, son and brother. After execution of the sale deed one Bishwanath Singh lodged civil and criminal cases against the informant and his son and brother and thereafter on enquiry he came to know that the ancestors of co accused Mahesh Giri, Ashok Giri and Sunil Giri had already sold the said land in favour of the sons of Bishwanath Singh, thereafter the informant contacted the accused persons to return the money but they did not return the same. It is submitted by the learned counsel for the petitioner that the thrust of accusation is against co accused Prince Kumar. The accusation is not specific against the petitioner and the informant has entered into compromise. It is further submitted that the co accused has been granted anticipatory bail vide Cr. Misc. No. 38839 of 2015. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of

Patna High Court Cr.Misc. No.42893 of 2015 (2) dt.14-10-2015 3/3 the like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Chapra Town P.S. Case No. 307 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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