Dhanesh Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22684 of 2018 Arising Out of PS. Case No.-707 Year-2017 Thana- PHULWARI District- Patna ======================================================

1. Dhanesh Sharma, Son of Late Lalji Singh,

2. Manish Kumar, Son of Dhanesh Sharma, Both resident of Village- Abupur Lodipur, Police StationPhulwari Sharif (Janipur), District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Phulwari Sharif P.S. Case No. 707 of 2017 (G.R. No. 7226 of 2017) registered for offences under sections 406/420 of the Indian Penal Code.

Learned counsel for the petitioners submits that certain amount in advance has been given by the Informant but, no entire consideration amount has been paid to them. At the same time, the petitioners have not executed the sale deed in favour of the Informant. Further it has been submitted that a partition suit is pending and 1/3rd share of the land has been allotted as per the decree of the trial court and the petitioners are

Patna High Court Cr.Misc. No.22684 of 2018(2) dt.27-04-2018 2/2 ready to execute the sale deed out of their share which has been allotted to them.

In view of the aforesaid submissions, let the petitioners, namely, Dhanesh Sharma and Manish Kumar, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on 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 Sub-Judge-XV cum Additional Chief Judicial Magistrate, Patna in connection with Phulwari Sharif P.S. Case No. 707 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T