Birendra Sah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2782 of 2018 Arising Out of PS.Case No. -1509 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Birendra Sah, son of late Baidhnath Sah, r/o village Khalilpur, P.S. Karja, Distt. Muzaffarpur at present r/o village Rampur Kesho @ Malahi, P.S. Paroo, Distt. Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Raghunath Sah, son of late Shiv Prasad Sah, r/o village Rampur Kesho @ Malahi, P.S. Paroo, Distt. Muzaffarpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Vidyarthi, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Complaint Case No. 1509 of 2014, Trial No. 4916 of 2017 instituted for the offence under Sections 120(B), 420, 467, 468, 471 and 379 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that complainant has entered into an agreement with petitioners for sale of land for consideration amount of Rs.7,00,000/- and he has already paid Rs.5,00,000/- to the complainant. The petitioner sent legal notice to the complainant. Thereafter, the instant case has been filed by the complainant against the petitioner.
Patna High Court Cr.Misc. No.2782 of 2018 (4) dt.20-02-2018 2/2 As such, it is a matter of civil dispute between the parties.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Complaint Case No. 1509 of 2014, Trial No. 4916 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.