Gauri Shankar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83925 of 2023 Arising Out of PS. Case No.-639 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Gauri Shankar Verma Son Of Amarnath Verma Resident Of Village - Dighi Kala Purvi (PANCHKURWA), P.S. - Hajipur Sadar, District - Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sachin Tendulkar S/O- Late Balihari Chaudhary Village- Pirapur, P.S.- Jandaha, District-Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha, Adv.
For the State :
Mr. Ahmad Ali, APP For the Informant :
Mr. Ajay Kumar Thakur, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2024 Heard the parties.
2. The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No. 639 of 2023 registered under Sections 406, 420 and 120B of the Indian Penal Code.
3. It is alleged that after taking consideration money of Rs. 45 lacs from the informant, the accused persons including this petitioner refused to execute sale deed. It is further alleged that the informant requested several times to execute the sale deed but they refused to execute the sale deed and they under a conspiracy committed fraud and cheated the informant and also grabbed Rs. 45 lacs of the informant.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.83925 of 2023(7) dt.17-05-2024 2/3 submits that petitioner is innocent and has falsely been implicated in the present case. As per F.I.R., petitioner is alleged to be a mediator and he only introduced the informant with owners of the land and was witness to the agreement. He is neither purchaser nor seller of the land in question. Further submission is that petitioner is ready to pay Rs. 5,00,000/- without admitting the allegation.
5. Considering the aforesaid contention made on behalf of the petitioner, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 639 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. with direction to the petitioner that :- i. Petitioner shall deposit Rs. 3,00,000/- (Three Lacs) in the Nazarat and will produce the receipt of the same at the time of furnishing bail-bond in the Court below and rest amount i.e. Rs. 2,00,000/- shall be paid in two equal installments within a period of six months, failing which, the learned Court below
Patna High Court CR. MISC. No.83925 of 2023(7) dt.17-05-2024 3/3 would be at liberty to cancel the bail-bond.
6. It is made clear that this order has been passed only for the purpose of bail, without going into the merit of the case and payment of aforesaid amount shall be subject to the final outcome of the case.
(Prabhat Kumar Singh, J) utkarsh/- U T