Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58623 of 2023 Arising Out of PS. Case No.-459 Year-2022 Thana- NAWADA District- Nawada ====================================================== 1.
Satish Kumar S/O Late Bhuneshwar Singh R/O Village- Kosumhar, Ps. Akbarpur, Dist. Nawada, At Present Kunti Enclave Sector-16b, Grater Noida, Behind Ajnara Home, Khesra No. 302 Saveri, New Delhi 2.
Shailesh Kumar S/O Late Bhuneshwar Singh R/O Village- Kosumhar, Ps. Akbarpur, Dist. Nawada, At Present Kunti Enclave Sector-16b, Grater Noida, Behind Ajnara Home, Khesra No. 302 Saveri, New Delhi ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Adv.
For the State :
Mr. Ajeet Kumar, APP For the Informant :
Mr. N.K. Agarwal, Sr. Adv.
Mr. Saurav Barial, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard Mr. Sanjay Kumar, learned counsel for the petitioner, Mr. Ajeek Kumar, learned APP for the State and Mr. N.K. Agarwal, learned Senior Counsel for the informant.
2. In compliance of order dated 14.12.2023, the petitioners represented by Mr. Rajeev Kumar and the informant are physically present and this order is dictated in presence of both the parties.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.
4. As per the prosecution case, it is alleged that the
Patna High Court CR. MISC. No.58623 of 2023(4) dt.09-01-2024 2/3 petitioners after receiving consideration money from the informant have not executed the land in favour of the informant.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners are ready to pay Rs. 36 lakh to the informant within a period of six months in installments. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on provisional bail for six months, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nawada Town P.S. Case No.459 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. The learned Court below is directed to confirm the provisional bail of the petitioner after satisfying himself
Patna High Court CR. MISC. No.58623 of 2023(4) dt.09-01-2024 3/3 that the petitioner has paid Rs. 36 lakh to the informant within a period of six months.
(Anjani Kumar Sharan, J) anand/- U T