Ajay Kumar vs The State Of Bihar on 2 September, 2019

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Patna High Court - Orders

Ajay Kumar vs The State Of Bihar on 2 September, 2019

Bench: Rajeev Ranjan Prasad

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42159 of 2019
                 Arising Out of PS. Case No.-90 Year-2019 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 AJAY KUMAR Son of Late Vindhyachal Prasad Resident of village- Rajepur
                 P.S.- Dhaka, District- East Champaran.
                                                                      ... ... Petitioner/s
                                                    Versus
                 THE STATE OF BIHAR
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Thakur, Advocate
                 For the Opposite Party/s :      Mr.Mukeshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

3   02-09-2019

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Pakridayal P.S. Case No. 90 of 2019 registered for the offnences punishable under Sections 418, 420, 423, 406, 465, 466, 467, 468, 470, 471, 474, 484, 323, 504, 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a Deed Writer and the only allegation against him is that in respect of the land in question, which has been sold by one of the parties, giving rise to a contest between the co-sharers, this petitioner had written the sale deed. It is submitted that being a Deed Writer the petitioner had a limited role to play at the instance of the person concerned who asked him to write the deed.

Learned counsel for the State has opposed the prayer of anticipatory bail as according to him, this petitioner had an important Patna High Court CR. MISC. No.42159 of 2019(3) dt.02-09-2019 2/2 role to play as wrong plot number has been mentioned, he may be held liable for the same.

Having heard learned counsel for the petitioner and learned APP for the State, this Court is of the considered opinion that at this stage considering the nature of the duty which the petitioner has to perform at the time of writing of the deed has a limited role to play, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today in connection with Pakridayal P.S. Case No. 90 of 2019 be enlarged on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court.

(Rajeev Ranjan Prasad, J) avin/-

U      T

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Patna High Court - Orders