Patna High CourtCR. MISC./79523/2018bail granted

Sudhanshu Kumar Sinha And ORS v. The State Of Bihar

2019-07-08Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79523 of 2018 Arising Out of PS. Case No.-317 Year-2018 Thana- CIVIL LINE District- Gaya ====================================================== 1.

Sudhanshu Kumar Sinha, S/o Late Sheo Kumar R/moh-19/20 Bhagwati Garden, Dwarika More, P.S-Uttam Nagar,New Delhi 2.

Himanshu Kumar Sinha @ Guddu, S/o Late Sheo Kumar 3.

Rajeev Kumar Sinha @ Rajeev Kumar, S/o Late Mithilesh Kumar Sinha, Both are r/moh-Pir Monsoor, in front of Zila School, P.S-Civil Lines, Distt.- Gaya 4.

Manoj Kumar Sinha, S/o Late Mithilesh Kumar Sinha, R/o-K.C. Ltd. Banzari, Rohtas ... Petitioners

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Yogesh Chandra Verma, Sr. Adv. with Mr. Priyanka Singh, Adv.

For the State :

Mr. Dashrath Mehta, APP For the Informant M/s Purshottam Jha & Vikas Kumar Jha, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Civil Lines P.S. Case No. 317 of 2018 for the offences alleged under Sections 406 and 420 of the Indian Penal Code. The accusation is that the petitioners and others in the mediation of Rakesh Kumar negotiated with informant/opposite party no. 2 to sell their land on payment of consideration amount of Rs.1,80,00,000/- and Rs.25,75,000/- was given to the petitioners, but, the petitioners and others entered into agreement with other persons to execute the sale deed. The learned counsel for the petitioners submits that petitioners are ready to pay Rs.25,75,000/- in three installments. In view of the submission of the learned counsel

Patna High Court CR. MISC. No.79523 of 2018(6) dt.08-07-2019 2/2 appearing for the petitioners, above named, they, in the event of surrender/arrest, within a period of four weeks from today, in connection with Civil Lines P.S. Case No. 317 of 2018 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Gaya, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code as well as with the condition to show the receipt of paying of Rs.10,00,000/- to the informant/opposite party no. 2 at the time of furnishing the bail bonds and the remaining amount of Rs.

15,75,000/- will be paid in two installments within two months and the petitioners will file affidavit with the receipt of payment of Rs.15,75,000/- in the Court below. If the petitioners fail to deposit the amount and did not file the affidavit in the Court below within the aforesaid time, the bail bonds of the petitioners shall automatically be cancelled.