Satyendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36378 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -DIGHA District- PATNA ======================================================
1. Satyendra Kumar son of Late Suresh Kumar Yadav Mohalla : Digha Ghat Polsan Road, P.S. : Digha, Dist. - Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal For informant : Mr. Ratnakar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 The petitioner is apprehending his arrest in connection with Digha P.S. Case No. 97 of 2017, registered for offences punishable under Sections 341, 323, 384, 420, 504 and 506 of Indian Penal Code.
Prosecution case is that petitioner registered power of attorney in favour of the informatn with regard to two Katha land for a consideration of Rs. 70,00,000/- but when the informant demanded possession of land from the petitioner, he refused to do so and further demanded Rs. 20,00,000/- as Rangdari. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and he has executed power of attorney in favour of the informant only to look after the said land as he is a Bank employee and has to go on transfer from one
Patna High Court Cr.Misc. No.36378 of 2017 (2) dt.10-08-2017 2/3 place to another place. Further no chit of paper has been produced by the informant showing that he has given Rs. 70,00,000/- lakh either by cheque or in cash.
Heard learned A.P.P. and learned counsel for the informant, they have opposed the prayer for bail. However, learned counsel for the informant has failed to produce any paper with regard to payment of Rs. 70,00,000/- lakhs to the petitioner. Having heard both sides, considering the facts and circumstances of the case and also the petitioner is a Government employee and there is no chance of him escaping, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Patna in connection with Digha P.S. Case No. 97 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, this is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
Patna High Court Cr.Misc. No.36378 of 2017 (2) dt.10-08-2017 3/3 (ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before the police on to consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T