Gandhi Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73708 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- MALI District- Aurangabad ====================================================== Gandhi Mehta, Son of Kamlesh Mehta, Resident of Village-Gheura, P.S.- Amba, District-Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Rupa Kumari, Advocate For the Opposite Party/s :
Mr. Bal Mukund Prasad Sinha, APP For the Informant :
Mr. Madhuresh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-11-2019 This is an application for grant of anticipatory bail in connection with Mali P. S. Case No. 07 of 2019, disclosing offences under Sections 120B, 420, 406, 465, 323, 504, 506 of IPC.
As per F.I.R. the informant was in need of purchase of the vehicle and petitioner introduced him with one Navin Singh Tomar and informant has a talk with Navin Singh Tomar with respect to purchase of vehicle and paid Rs.2,91,000/- as advance money, but he has not executed the sale deed nor returned the money.
Submission of the learned counsel for the petitioner is that even according to the F.I.R., the allegation is against against Navin Singh Tomar of receiving the amount and petitioner is only introducer.
Heard learned A.P.P. as well as learned counsel for the
Patna High Court CR. MISC. No.73708 of 2019(2) dt.25-11-2019 2/3 informant also, who has opposed the prayer for anticipatory bail on the ground that petitioner and other accused persons are working as a gang in such type of sale and purchase of vehicle and they have taken the amount and not returning the same to the informant. However, he has admitted that amount was paid to Navin Singh Tomar.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, surrender before the court below within a period of three weeks from the date of receipt of certified copy of thi order, on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned C.J.M. Aurangabad, in connection with Mali P. S. Case No. 07 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he has to appear before the I.O. after 10 days of his release and co-operate in the investigation. Further condition is that if his name transpires in future in such type of cases, the prosecution is at liberty to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T
Patna High Court CR. MISC. No.73708 of 2019(2) dt.25-11-2019 3/3