Binod Kumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39328 of 2018 Arising Out of PS. Case No.-1279 Year-2017 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Binod Kumar Sah S/o late Yogendra Sah @ Yogendra Prasad Saha, R/o Vill.- Kasba, P.S.- Kasba, District- Purnea.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Wajuddin @ Wajiuddin S/o Late Sahadat, R/o Vill.- Ekra, P.S.- Amour, District- Purnea.

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv, Mr. Vijay Anand, Adv and Ms. Preety Kunwar, Adv For the State :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. The petitioner apprehends his arrest in connection with C.A. Case No. 1279 of 2017 registered for the offence punishable under Section 420, 467, 468 and 471 of the Indian Penal Code.

Allegation against the petitioner is of allegedly executing sale deed of land without having Title and possession of land rather land belongs to Informant for which title suit is pending between the parties. No criminal offence is made out. The purchaser of land have no

Patna High Court Cr.Misc. No.39328 of 2018(4) dt.07-09-2018 2/3 grievance having paid the consideration money. A seller cannot pass a better title than what he possess. Petitioner has succeeded before the Civil Court. Petitioner has no criminal antecedent. Dispute is purely of civil nature. Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M. Purnea in connection with C.A. Case No. 1279 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C 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 present on each and every date fixed by the court and his absence on two

Patna High Court Cr.Misc. No.39328 of 2018(4) dt.07-09-2018 3/3 consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(S. Kumar, J) ranjan/- U