Pintu Kumar And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.37349 of 2018 (2) dt.04-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37349 of 2018 Arising Out of PS.Case No. -1607 Year- 2016 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Pintu Kumar son of Santosh Kumar.

2. Lalku Kumar son of Santosh Kumar.

3. Mohit Kumar @ Mohit Raj son of Santosh Kumar. All residents of Mohalla- Dulhinganj Town Gaya, P.S. Kotwali, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Binod Kumar son of Late Kailash Goswami, resident of MohallaMakhlodganj, Town Gaya P.S. Kotwali, District Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Dayal For the Opposite Party/s : Dr. Kumar Uday Pratap (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Sections 323, 504, 506, 420 and 452 of the Indian Penal Code.

An agreement was made between complainant and Santosh Kumar alongwith petitioners to sale the land on consideration amount of Rs. 28,21,000/- and out of that Rs. 17,71,000/- was paid to Santosh Kumar, who is father of present petitioners. Santosh Kumar has been granted regular bail by this Court vide Cr. Misc. No.37162 of 2018 with a

Patna High Court Cr.Misc. No.37349 of 2018 (2) dt.04-07-2018 condition to return the amount which he has agreed to pay in two installments.

In view of grant of bail to Santosh Kumar, in the event of arrest or surrender within four weeks from today, let petitioners, namely, Pintu Kumar, Lalku Kumar and Mohit Kumar @ Mohit Raj, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Gaya in connection with Complaint Case No.1607 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that in failure to pay the amount the complainant will be at liberty to approach the concerned court for cancellation of the bail of the present petitioners.

(Shivaji Pandey, J) Vinay/- U T