Mukesh Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.30369 of 2017 (3) dt.24-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30369 of 2017 Arising Out of PS.Case No. -224 Year- 2016 Thana -AGAMKUAN District- PATNA ======================================================

1. Mukesh Kumar Singh S/o Shri Uma Shankar Prasad R/o Mohalla Salimpur Ahra P.s. Kadam Kuan, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Agamkuan P.S. Case No. 224 of 2016 instituted for the offence under Sections-419, 420, 467, 468, 471/34 of the Indian Penal Code.

It is alleged in the written report that the petitioner after getting power of attorney executed in favour of fake name of Dayavati, executed sale deed with respect to the land of the informant in favour of Radha Krishna Prasad.

Counsel for the petitioner has submitted that the informant herself has entered into an agreement with respect to the aforesaid land with Sanjay Kumar who is a property dealer. The petitioner is also a property dealer and he used to sell various lands on the basis of power of attorney at that time, in support of which, the petitioner has annexed sale deeds and power of attorney annexed as Annexure-2 series.

Patna High Court Cr.Misc. No.30369 of 2017 (3) dt.24-07-2017 From the allegation levelled in the written report, it appears that this is a case of civil nature.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Agamkuan P.S. Case No. 224 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T