Sheshnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65048 of 2018 Arising Out of PS.Case No. -81 Year- 2018 Thana -BALTHAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sheshnath Yadav, Son of Late Prasad Yadav, resident of VillageGauripur, P.S.- Balthar, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Balthar P.S. Case No. 81/2018, registered for the offences punishable under Sections 406, 419, 420, 504, 506 and 34 of the Indian Penal Code. Informant alleged that petitioner agreed to sell his land measuring one kattha on consideration money of Rs. 4,50,000/- to him, for which informant paid Rs. 4,00,000/- as advance and it was agreed that rest amount will be paid by him after registry of the said land. After few days, informant got information that petitioner sold the said land to some other person. Informant demanded his money back from the petitioner, then co-accused started abusing him and in token of the receipt of the amount, the

Patna High Court Cr.Misc. No.65048 of 2018 (2) dt.06-11-2018 2/3 petitioner put signature on a stamp-paper.

It has been submitted that petitioner has falsely been implicated in this case. There is land dispute between the parties. There is no chit of paper which shows that any agreement held in between the parties or any receipt of money paid by the informant to the petitioner.

Petitioner has no criminal antecedent. He is in custody since 26.07.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VII, West Champaran at Bettiah in connection with Balthar P.S. Case No. 81/2018, subject to the 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.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.65048 of 2018 (2) dt.06-11-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

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