Ganesh Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2723 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ganesh Prasad , son of Late Janak Prasad

2. Rakesh Kumar, son of Ganesh Prasad

3. Mukesh Kumar, son of Ganesh Prasad,

4. Sunita Devi, wife of Ganesh Prasad All are the residents of Village-Bhagwanpur, Kotwa, P. S. Ghorasahan, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hemant Kumar Sharan For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2017 Petitioner Nos. 1 and 2 above-named have been arrested during the pendency of this application and, therefore, their application for grant of anticipatory bail stands dismissed as having become infructuous.

Heard learned counsel for the parties.

The petitioner Nos. 3 and 4 have been made accused in Ghorasahan P. S. Case No. 86 of 2016, registered for the offences punishable under Sections 406,420,448,341,436,427 and 506/34 of the Indian Penal Code.

The case of the prosecution in brief is that the informant had given a sum of Rs. 105000/- to petitioner No.1 as

consideration money for purchase of a piece of land belonging to him. He is said to have refused to execute registered sale deed thereafter.

Considering the nature of accusation, this application is allowed. Let the petitioner Nos. 3 and 4 above-named in the event of their arrest/surrender within four weeks from today in the court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in Ghorasahan P.S. Case No. 86 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This is subject to the condition that the petitioners Nos. 3 and 4 present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U