Ram Sager & Anr vs State Of Bihar & Anr on 4 July, 2018

[Cites 7, Cited by 1]

Patna High Court - Orders

Ram Sager & Anr vs State Of Bihar & Anr on 4 July, 2018

Bench: Shivaji Pandey

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.36934 of 2018
                  Arising Out of PS. Case No.-446 Year-2017 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
            1.   Ram Sager, S/o Late Ramdeo Mahto, resident of Villagle- Bahri
                 Begampur, P.S.- Bypass, District- Patna.
            2.   Prem Sager, S/o Late Ramdeo Mahto, Resident of Village-
                 Bahri Begampur, P.S.- Bypass, District- Patna.
                                                                              ... ... Petitioner/s
                                                  Versus
            1.   The State of Bihar.
            2.   Mahesh Singh, Son of Late Krishna Deo Singh, resident of Mohalla-
                 Rampur, P.S. Bhadurpur, P.O. Mahendru, District- Patna.
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rudra Deo
                 For the Opposite Party/s :      Mr. Mr. Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
                                       ORAL ORDER

2   04-07-2018

Heard learned counsel for the petitioners and learned counsel for the State as also counsel for the Complainant.

In this case, the petitioners are apprehending their arrest in connection with Complaint Case No. 446 of 2017 registered for offences under sections 420, 120B, 341, 323, 504/34 of the Indian Penal Code.

As per complaint made by the Complainant, he had given Rs. 25,00,000/- for the purchase of land but, neither the land has been given nor the money was returned to the Informant.

In course of argument, it has been submitted that the co-accused Neeraj Kumar Singh and Dilip Kumar in Cr. Misc. No. 38188 of 2018 have made a submission in the Court that they will return the entire amount of Rs. 25,00,000/- but, in ten equal Patna High Court Cr.Misc. No.36934 of 2018(2) dt.04-07-2018 2/2 installments.

In view of the above, this Court is granting anticipatory bail to the petitioner subject to a condition that in the event the aforesaid co-accused would fail to return the amount in ten equal installments, in such circumstances, the Complainant will be at liberty to approach this Court for cancellation of their bail.

Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna City, Patna in connection with Complaint Case No. 446 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/-

U         T

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Patna High Court - Orders