IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42896 of 2010
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1. Alakh Narain Singh, son of late Triveni Singh, resident of village
Bhatarhi (Beda), P.S. Sasaram (M), District Rohtas.
2. Suraj Singh son of Jagdish Singh, resident of village Beda,P.S.
Sasaram (M), District Rohtas
………. Petitioners
Versus
1. The State of Bihar
2. Raju Sah, son of Ram Nagina Sah, resident of village Bishrampur,
P.O. Chotkichenari, P.S. Shivsagar District Rohtas.
… Opposite Parties
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02/ 26.03.2011 Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner is an accused for offences punishable under
sections 420 and 406 of the Indian Penal Code.
Learned counsel for the petitioners submits that
allegation against the petitioners is that they negotiated with the
complainant for sale of land and received advance for the same, but
even after execution of the deed of agreement and receipt of the
money, they are not executing the sale-deed nor are they returning
the advance money paid to them. He further submits that this case
appears to be a dispute with regard to specific performance of
contract, which is merely civil in nature. He also submits that
already a title suit is pending between the parties with respect to the
aforesaid matter.
Considering the aforesaid facts and circumstances,
this petition for anticipatory bail is allowed. In the event of arrest or
surrender within fifteen days from the date of receipt/production of
a copy of this order in the court below, both the petitioners, namely,
2
Alakh Narain Singh and Suraj Singh are directed to be enlarged on
bail on executing bail bonds of Rs.10,000.00 (ten thousand ) each
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Rohtas, Sasaram in connection
with Complaint Case No. 1612/2009, subject to the conditions as
laid down under section 438(2) of the Code of Criminal Procedure.
MPS/ ( S. N. Hussain, J. )