Vidya Sagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7928 of 2020 Arising Out of PS. Case No.-561 Year-2017 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== 1.

VIDYA SAGAR SINGH, Son of Late Ghana Singh 2.

Sita Devi @ Sita Singh, W/o Vidya Sagar Singh 3.

Santosh Kumar Singh, Son of Late Pragash Singh 4.

Awadhesh Kumar Singh @ Abhdesh kumar Singh @ Awadhesh Singh Son of Late Pragash Singh All Resident of Village- Bhikhanpura, P.S.- Desri (Chandpura O.P.), District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Yashwant Kumar Singh, S/o Late Satya Narayan Singh, Resident of VillageBhikhanpura, P.S.- Desri (Chandpura O.P.), District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 364, 120(B)/34 of the Indian Penal Code.

Informant has alleged in his complaint case that Alok Kumar Singh is his younger brother and accused nos. 1 and 2 in conspiracy with accused no. 3 and 4 got executed a sale deed by him on 22.06.2016 in favour of accused no.5 and

Patna High Court CR. MISC. No.7928 of 2020(2) dt.29-02-2020 2/3 thereafter he is traceless.

It has been submitted on behalf of the petitioners that the alleged occurrence is of 22.06.2016 however complaint has been lodged on 17.03.2017. It is further submitted that similarly placed accused Surendra Singh has already been granted bail by co-ordinate bench of this court vide order dated 29.02.2019 passed in Cr. Misc. No. 4589 of 2020. Counsel for the informant has vehemently opposed the prayer for anticipatory bail of the petitioners. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Complaint Case No. C1-561 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) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable

Patna High Court CR. MISC. No.7928 of 2020(2) dt.29-02-2020 3/3 reason will be sufficient to cancel their bail bond.

(3) If the petitioners 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 petitioners. (S. Kumar, J) Rajiv/- U T