Mahendra Prasad @ Mahendra Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40547 of 2018 Arising Out of PS.Case No. -227 Year- 2018 Thana -GAYA KOTWALI District- GAYA ======================================================
1. MAHENDRA PRASAD @ MAHENDRA KUMAR, S/o Late Muni Sao @ Late Munilal,
2. Satyendra Kumar S/o Late Muni Sao @ Late Muni Lal,
3. Sumit Kumar S/o Mahendra Pasad,
4. Janardhan Kumar S/o Satyendra Kumar, All are R/o Vill.- Gosaibag, Tekari Road, P.S.- Kotwali, Gaya, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2018 Heard the parties.
The petitioners seek anticipatory bail in connection with Gaya Kotwali P.S. Case No. 227 of 2018, registered for offences punishable under Sections 420, 406, 467, 468 and 471/34 of the Indian Penal Code.
Allegation against the petitioners as per F.I.R. is that the informant has given a room for shop to petitioner No.1 on lease and prior to expiry of lease period, the informant send a legal notice to vacate the said shop but the shop was not vacated and Eviction suit is going on between the informant and the petitioners and in order to pressure on the petitioner, the present case has been lodged.
Submission of the learned counsel for the petitioners is
Patna High Court Cr.Misc. No.40547 of 2018 (2) dt.12-07-2018 2/2 that the petitioners are falsely implicated in this case and the said shop of the informant in question, is not land of informant. It is also submitted that the case is of civil nature. Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, surrenders before the court below within a period of six weeks from the date of the order, they will be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Gaya kotwali P.S. Case No. 227 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(Vinod Kumar Sinha, J) Sudha U T