Rambalak Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64573 of 2018 Arising Out of PS.Case No. -143 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Rambalak Thakur, S/o Tilak Thakur, R/o Village- Darbhanga, P.S.- Madanpur, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Aurangabad (Town) P.S. Case No. 143/2018, instituted for the offences under Sections 420, 406, 120(B) and 506/34 of the Indian Penal Code.

It is alleged in the written report that the petitioner along with other co-accused came to the house of informant and offered to sell his land. It is alleged that this petitioner executed agreement of sell with regard to the land in favour of son and son-in-law of informant after receiving an amount of Rs. 2,00,005/- as earnest money. Thereafter co-accused Ravindra Singh received Rs. 15,76,677/- as cash. Both the petitioners executed a registered sale deed with respect to the land in favour of son-in-law of informant after receiving the rest consideration amount. It is further alleged that the petitioners again came to the informant and told that another land which is just adjacent

Patna High Court Cr.Misc. No.64573 of 2018 (2) dt.29-10-2018 2/2 to this land is also for sale and a sale deed was executed. It is further alleged that when the informant approached the Circle Officer for mutation, it was told that the land is not in the name of the executant. In this manner, they cheated the informant.

Learned counsel for the petitioner has submitted that aforesaid amount has been received by Ravindra Singh and fraud has been committed by him. Petitioner has been implicated in this case because the land belonged in joint name of petitioner's father and his two brothers. It is further submitted that now sale deed for another land has been executed in favour of informant by this petitioner on 18.08.2018. Copy of aforesaid sale deed has been filed during hearing of bail petition. Petitioner is in custody since 25.08.2018. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 143/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T