Shambhu Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39231 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -NAWANGAR District- BUXAR ====================================================== Shambhu Kumar Srivastava, Son of Dadan Lal, Resident of Sherpur P.S. Buxar (I), District- Buxar.

....... Petitioner

Versus

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

For the Petitioner/s : Mr. Satyapal Singh, Advocate For the Opposite Party/s : Mr. S.Ehteshamuddin, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Nawanagar PS Case No. 39 of 2015, disclosing offences under Sections 420, 406, 120B, 467, 468, 471, 323, 504 and 34 of the Indian Penal Code.

The basis of the prosecution case is sale of some portion of the land of the share of the informant by the coaccused Rajendra Sah in favour of the other co-accused Dina Nath Pandey, through registered sale deed. Learned counsel for the petitioner submits that the vendor and the vendee of the deed in question have been granted the privilege of anticipatory bail by an order of this Court dated 31.7.2015 passed in Cr. Misc. No. 31280 of 2015. Learned counsel states that the petitioner has

Patna High Court Cr.Misc. No.39231 of 2015 (2) dt.28-09-2015 2/2 been implicated on the sole ground that he was the Deed Writer. In view of the aforesaid submission and the fact that other co-accused persons have been granted anticipatory bail, this application is allowed.

Let the petitioner above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in Nawanagar PS Case No. 39 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) mrl U T