Pitambar Shukla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25128 of 2015 Arising Out of PS.Case No. -577 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Pitambar Shukla son of Late Murlidhar Sharma @ Murlidhar Shukla, resident of D.N. Singh Road, Kharman Chak, P.S.- Kotwali (Adampur), District -Bhagalpur.
, .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-07-2015 Heard learned counsels for the petitioner, informant and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 419,420,467,468 and 471/34 of the Indian Penal Code.
It is alleged that the petitioner under an agreement made advance of Rs.1,12,500 to co accused Deokinandan Shukla, Rs.4,26,200 to co accused Pawan Shukla and Rs.13,93,300/- to co accused Roop Kishore Shukla for transfer of a land measuring an area of 4500 sq.ft. On non execution of sale deed subsequently, part of the money was returned by the co accused persons but rest amount was not returned. It is alleged against the petitioner that on
Patna High Court Cr.Misc. No.25128 of 2015 (2) dt.10-07-2015 2/2 his request money was advanced.
It is submitted by the learned counsel for the petitioner that the accusation of taking money is not against the petitioner. The petitioner is agnate of the persons who received money. It is submitted by learned counsel for the informant that the petitioner was in league with the co accused persons who received money and executed the agreement to sale. Considering the fact that the accusation of receiving money is not against the petitioner, 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 the like amount each to the satisfaction of learned CJM, Bhagalpur in connection with Kotwali (Adampur) P.S. Case No.577 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T