Sunil Kumar Singh @ Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2445 of 2019 Arising Out of PS. Case No.-639 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ====================================================== Sunil Kumar Singh @ Sunil Singh, Son of Rama Shankar Singh @ Ram Shankar Singh Village - Mokari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv.

For the informant :

Mr. Kali Prasanna Dubey, Adv.

For the Opposite Party/s :

Mr.Nirmala Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2019 Heard learned counsel for petitioner, learned counsel for the inforamnt and learned counsel for the State. Petitioner, who is in custody, seeks bail in connection with Bhabua P.S. Case No. 639 of 2018 registered for the offences punishable under Sections 341, 323, 504, 420, 406, 467, 468, 34 of the Indian Penal Code. Informant has alleged that he and co-accused Indradev Singh full brother of the informant. Co-accused Indradev Singh and Shrawn Singh who are co-sharer of the joint property of khata No. 52, plot no. 13, 14, 17, area 9 decimal executed sale deed in favour of the petitioner on 21.03.2018 having knowledge of the fact that the informant is the sharer has got the deed executed in his favour and up till

Patna High Court Cr.Misc. No.2445 of 2019(3) dt.23-01-2019 2/3 now the partition has not taken place between the Vender and the informant. On demand his share in consideration money the petitioner including co-accused refused and threatened for dire consequences.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is the purchaser of the land. Petitioner has paid the consideration money and has not grab the land by playing fraud. Petitioner has no criminal antecedent and is in custody since 07.11.2018. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua P.S. Case No. 639 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates

Patna High Court Cr.Misc. No.2445 of 2019(3) dt.23-01-2019 3/3 without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the 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.

(S. Kumar, J) Rajiv/- U T