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Patna High CourtCR. MISC./60960/2023allowed

Mumtaj Yadav v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60960 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- RANIYATALAB District- Patna ====================================================== Mumtaj Yadav Son Of Krishna Yadav R/O Vill - Patut, P.S. - Rani Talab, Dist. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakritita Sharma For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 406, 420, 504, 506, 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that the informant executed an agreement with the petitioner and other co-accused persons for a plot of land and paid Rs. 5,81,000/- as cash to the accused persons in different dates but neither sale deed was executed nor money

Patna High Court CR. MISC. No.60960 of 2023(3) dt.06-12-2023 2/3 was returned and when the informant demanded his money back, the accused persons abused and threatened of dire consequences.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no documentary proof with regard to any cash being handed over to the petitioner. Moreover, the case relates to civil in nature for which, criminal prosecution has been lodged against the petitioner. The petitioner is languishing in custody since 06.03.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,

Patna High Court CR. MISC. No.60960 of 2023(3) dt.06-12-2023 3/3 Danapur, Patna in connection with Rani Talab P.S. Case No. 39 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T