Shashikant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47921 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -PHULWARIA District- GOPALGANJ ====================================================== Shashikant Singh son of Ramashankar Singh resident of village Chaipatti, P.S.+ District-Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-12-2016 Heard both sides.

Apprehending his arrest in connection with Fulwariya P.S. case No. 16 of 2016, registered under Sections 423, 417,420, 467, 468,469 and 120(B) of the IPC the present application for grant of anticipatory bail.

It is alleged that on 07.12.2011, the co-accused executed a sale deed in favour of the informant in respect of the land which was prepared by the petitioner as the deed writer. Subsequently, it was revealed that the same land was again sold by the accused persons in favour of another. Accordingly, the complaint was lodged in 2015 which was later treated as an First Information Report (FIR).

A supplementary affidavit is filed on behalf of the petitioner. It is stated that the petitioner is not the deed writer of the subsequent sale-deed. It is a kind of civil dispute. Petitioner has no criminal antecedents.

Patna High Court Cr.Misc. No.47921 of 2016 (2) dt.14-12-2016 2/2 In the facts and circumstances of the case, this Court is inclined to extend the privilege of anticipatory bail to the petitioner. Let the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned AC.J.M. XIII, Gopalganj, in connection with Fulwariya P.S. case No. 16 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law (Kishore Kumar Mandal, J) Shyam/- U T