Harendra Rai @ Harender Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77562 of 2019 Arising Out of PS. Case No.-554 Year-2019 Thana- DANAPUR District- Patna ====================================================== Harendra Rai @ Harender Rai Son of Late Ramji Rai Resident of Ramanand Colony, Ward No. 10,New Mainpura, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the Opposite Party/s :

Md. Ataur Rahman, APP For the Informant :

Mr. Siddhartha Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Danapur P.S. Case No. 554 of 2019, registered for the offence punishable under Sections 406, 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

Informant has alleged in his written complaint that in order to purchase a land, he contacted the petitioner and Sudesh Chaudhary @ Sudesh Badu Chaudhary, who executed a sale deed measuring 10 decimals of land in his favour with an assurance that the land is free from all encumbrances and he has valid title over the land and believing his statement, he paid the entire consideration money to Sudesh Chaudhary @ Sudesh Badu Chaudhary. Further, subsequently, he came to know that

Patna High Court CR. MISC. No.77562 of 2019(2) dt.28-11-2019 2/3 the aforesaid land is under the acquisition proceeding. It is submitted on behalf of the petitioner that the petitioner is innocent and committed no offence and he is not the beneficiary of the said transaction and is only a witness of the sale deed. The petitioner has no criminal antecedent and he is in custody since 18.08.2019.

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/- (Rupees Ten Thousand) with tow sureties of the like amount each to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No. 554 of 2019 subject to the conditions that:-

(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 property represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.77562 of 2019(2) dt.28-11-2019 3/3

(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) S.Katyayan/- U T