Patna High CourtCR. MISC./37809/2017allowed

Nand Kishore Singh @Nand Kishore And ORS v. State Of Bihar And ANR

2017-11-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37809 of 2017 Arising Out of PS.Case No. -54 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. NAND KISHORE SINGH @NAND KISHORE,

2. Vikash Singh @ Vikash

3. Vikram Singh All are Sons of Girbal Singh, R/o Village- Damaipatti Madaripur @ Daud Nagar, P.S.- Bidupur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Naresh Kumar Son of Mahavir Das, R/o Village- Nawanagar, P.S.- Bidupur, District- Vaishali.

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

For the Petitioner/s : Mr. Anuj Kumar, Adv. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-11-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 54/2014, disclosing offences under Sections 420, 467, 468 and 406 of the Indian Penal Code. The petitioners are said to have executed sale deed in favour of the Opposite Party no. 2 with respect to plot of land. Allegation is that the petitioners have yet not ensured that the complainant is put in possession.

I am of the view that this is primarily a civil dispute. There appears to be no reason for refusal of anticipatory bail. This application is, accordingly, allowed.

Patna High Court Cr.Misc. No.37809 of 2017 (4) dt.07-11-2017 2/2 Let the petitioners above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Complaint Case No. 54/2014, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vinita/- U T