Kamdeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43444 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -GOGRI District- KHAGARIA ======================================================

1. Kamdeo Singh S/o Late Mishri Singh resident of Village- Bhadlai, P.S.- Gogri, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-11-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor, appearing on behalf of the State. Petitioner apprehends his arrest in connection with Gogri P.S. Case No. 3 of 2016, registered for offences punishable under Sections 406, 420, 147, 148, 149, 341, 323, 386, 447, 448, 450, 504 and 506 of the Indian Penal Code.

There is accusation against petitioner that he took Rs. 1,15,000/- from the informant and assured him to transfer some of his agricultural land to informant. The brother of the petitioner, who happens to be co-accused, executed agreement of sale in the year 2005 but later on, the petitioner as well as other co-accused refused to execute absolute sale deed. According to prosecution case itself, the amount was taken as well as agreement was

Patna High Court Cr.Misc. No.43444 of 2016 (2) dt.28-11-2016 2/2 executed in the year 2005 but the present case was filed in the year 2015 i.e. after lapse of 10 years from the date of alleged occurrence. Moreover, co-accused Subash Singh and four others have already been granted the privilege of anticipatory bail by coordinate Bench of this Court vide order, dated 08-09-2016, passed in Criminal Miscellaneous No. 30066 of 2016.

Accordingly it is ordered that the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Gogri P.S. Case No. 03 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) sunil/- U T