Jitendra Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18741 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -PIRI BAZAR District- LAKHISARAI ====================================================== Jitendra Kumar Sinha, Son of Late Yugeshwar Prasad Resident of VillageLaxmipur, P.S. Piri Bazar, District-Lakhisarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar Sinha, Advocate For the State : Mr. Sri Rajendra Prasad Nat, APP For the informant : Mr. Ambika Bhagat, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioner.
The petitioner is apprehending his arrest in connection with Piri Bazar P.S. Case No. 49 of 2016, registered for offences punishable under Sections 148, 149, 323, 341, 406, 419, 420, 467, 468, 471, 120B/34 of the Indian Penal Code. The allegation against the petitioner, as per the complaint petition, is that he has sold the land to other accused persons who have sold the same to the complainant. It has been submitted on behalf of the petitioner that the sale deed was executed in the year 1993 and now after 23 years the present case has been lodged making certain allegation in the complaint petition. As a matter of fact, the petitioner had sold the land of another Mouja and not the Mouja stated in the
Patna High Court Cr.Misc. No.18741 of 2017 (2) dt.04-05-2017 2/3 complaint petition, apart from the fact that the petitioner has also lodged objection in the case and on the basis of the aforesaid statement, it has been submitted that it is purely a dispute civil in nature.
Heard learned A.P.P. also.
Having heard both sides and in view of the nature of allegation and the case has been lodged much after the execution of the sale deed , let the petitioner, above named, in the event of arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. Case No. 49 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police,
Patna High Court Cr.Misc. No.18741 of 2017 (2) dt.04-05-2017 3/3 otherwise, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) S.Pandey/- U T