Patna High CourtCR. MISC./70588/2018bail granted

Govardhan Das v. The State Of Bihar

2018-12-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70588 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- TATARPUR District- Bhagalpur ====================================================== Govardhan Das, son of late Chetu Das, resident of Mohalla, Lalkothi, P.S. Tatarpur, District, Bhagalpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Tatarpur P.S. Case No.42 of 2018 registered for the offence punishable under Sections 406, 420, 120B / 34 of the Indian Penal Code.

Informant has alleged that the petitioner had duped him on the pretext that he is the owner of the disputed land and rupees five lakh in cash and rupees one lakh by cheque were taken by the petitioner as part of consideration amount for executing the sale deed. However, subsequently he came to know that the land does not belong to the petitioner. The dispute prima facie appears to be civil in nature. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.70588 of 2018(2) dt.12-12-2018 2/2 amount each to the satisfaction of learned A.C.J.M., Bhagalpur in connection with Tatarpur P.S. Case No. 42 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T