Sanjay Tiwari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28046 of 2018 Arising Out of PS.Case No. -1181 Year- 2014 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================

1. Sanjay Tiwari S/o Late Ramashish Tiwari, R/o Vill.- Nenua, P.S.- Dumaraon, Distt.- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shiv Kumar Singh S/o Late Ram Kailash Singh, R/o Samhar, P.S.- Dumaraon, Distt.- Buxar.

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

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 The petitioner is apprehending his arrest in connection with Complaint Case No. 1181(C) of 2014 registered for offences punishable under Section 420 of the Indian Penal Code.

As per the complaint petition allegation against the petitioner is that he has sold different land of sterile nature to the complainant instead of agricultural land.

It has been submitted on behalf of the petitioner that this case is of purely a civil nature and with an ulterior motive, present case has been lodged.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.28046 of 2018 (2) dt.15-05-2018 2/3 Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Buxar in connection with Complaint Case No. 1181 (C)/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before

Patna High Court Cr.Misc. No.28046 of 2018 (2) dt.15-05-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sushma/- U