Satendra Kumar Shrivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38832 of 2017 Arising Out of PS.Case No. -90 Year- 2016 Thana -ISUAPUR District- SARAN ====================================================== Satendra Kumar Shrivastava, Son of Late Brij Mohan Prasad, R/o VillageAata Nagar, P.S.- Isuapur, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Isuapur P.S. Case No. 90 of 2016 instituted for the offence under Sections 420, 467, 468, 471, 504 and 506/34 of the Indian Penal Code. It is alleged that petitioner executed sale deed with respect to the land in favour of co-accused Deolal Singh on 23.9.2010. Later on, when the informant came to know about the same, he approached the petitioner and he assured for cancellation of deed in question since by mistake it has been executed. Learned counsel for the petitioner has submitted that petitioner has already entered into agreement for cancellation of earlier sale deed, but co-accused (beneficiaries of that sale deed), is not turning up. Title Suit has also been filed by the informant

Patna High Court Cr.Misc. No.38832 of 2017 (2) dt.29-08-2017 2/2 bearing Title Suit No. 285 of 2017.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Isuapur P.S. Case No. 90 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned learned Sub Divisional Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions

(1) 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) S.Ali/- U T