Bittu Kumar @ Bitoo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62166 of 2019 Arising Out of PS. Case No.-247 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== 1.

BITTU KUMAR @ BITOO KUMAR Son of Raj Kumar Sharma Resident of Village - Chesi, P.S.- Naubatpur, Distt - Patna. 2.

Bhola Kumar Son of Raj Kumar Sharma Resident of Village - Chesi, P.S.- Naubatpur, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-09-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Naubatpur P.S.Case No.247 of 2019 , registered for offences punishable under Sections 341, 323, 420, 406, 379, 504, 506/34 of the Indian Penal Code.

From the FIR, it appears that that there was dispute with respect to execution of the sale-deed by the father of the petitioners as he has taken Rs.1,70,000/- and given a fake cheque and so far these petitioners are concerned, there is allegation of assault to the informant and there is also allegation of firing by the accused persons, but the FIR itself shows that nobody received injuries.

Submission of the learned counsel for the petitioners is that as a matter of fact there is case and counter case between

Patna High Court CR. MISC. No.62166 of 2019(2) dt.30-09-2019 2/2 the parties and the dispute arose with respect to execution of the sale deed, in which the petitioners son son of one Raj Kumar with whom there is said to be transaction of the informant, have been falsely implicated in this case and they are ready to abide by any condition imposed upon them and having no criminal antecedent.

Heard learned A.P.P. and the learned counsel for the informant, who has opposed the prayer for bail. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Danapur in connection with Naubatpur P.S.Case No.247 of 2019 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T