Kishori Yadav And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62469 of 2018 Arising Out of PS. Case No.-461 Year-2018 Thana- SHERGHATI District- Gaya ======================================================
1. Kishori Yadav, Son of Balrup Yadav, Resident of Village- Dakhin Khap, P.S. Sherghati, District- Gaya.
2. Umesh Prasad Verma, Son of Late Ramautar Mahto.
3. Ram Chalitra Prasad @ Ram Charitra Prasad, Son of Late Ramlal Mahto, Both 2 & 3 Resident of Village- Rajan, P.S. Gurua, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Rohit Kumar @ Sonu Babu, Son of Late Balkeshwar Prasad Singh, Resident of Village- Chitab, P.S. Amas, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Om Prakash Singh For the Opposite Party/s :
Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-12-2018 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Sherghati P.S. Case No. 461 f 2018 dated 16.08.2018 instituted for the offences under Sections 467, 468, 420 and 504 of the Indian Penal Code. The informant has alleged that the petitioners made him consume liquor and thereafter he was made to execute a sale-deed in a state of intoxication. Learned counsel for the petitioner has submitted
Patna High Court Cr.Misc. No.62469 of 2018(3) dt.12-12-2018 2/3 that an absolutely false case has been lodged by the informant for turning a volt face after transferring the land in question in favour of petitioner nos. 1 and 2. The land in question was agreed to be sold by the informant to the petitioner nos. 1 and 2 and for the aforesaid purpose saledeed was prepared on 26.10.2016 which was registered on 28.10.2016. The F.I.R. has been lodged after about one year of the occurrence on the lame plea that the land belongs to the joint property shared by three brothers including the informant. The allegation levelled by the informant does not appear to be correct on the face of it.
Considering the aforesaid facts and also taking into account that the petitioners do not have any criminal antecedents, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.
Patna High Court Cr.Misc. No.62469 of 2018(3) dt.12-12-2018 3/3 Sherghati P.S. Case No. 461 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U