IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35164 of 2010
ONKAR PRASAD SINGH
Versus
THE STATE OF BIHAR
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7 4.3.2011 Heard learned counsel for the parties.
Petitioner is alleged for receiving Rs.
2,45,000/- to get transferred a piece of land of
accused no.4 through sale deed for consideration
money of Rs. 3,00,000/-, much stress is given on
averment made in paragraph-12 that all the
accused persons were approached by complainant,
date of earlier agreement was going to expire,
such threatening was given to complainant by
accused nos.4 and 5 then a fresh agreement
(Annexure/2) was executed in favour of
complainant’s wife by accused no.4. Accused no.5
was a witness to that agreement. Submission is
that this much was a fresh agreement cannot be
taken that money received by this petitioner was
given to accused no.4, is not acceptable. This
agreement goes to show shifting of liability of
this petitioner upon accused no.4, the real
owner of the land. Submission at complainant’s
hand is about several talks on the point of
execution of sale deed, returning of part of
money and signature of accused no.4 on Annexure-
2
2 forged is no where mentioned in complaint
petition or statement on S.A. in course of
inquiry.
Thus, having regard to the facts and
circumstances of the case, in the event of
arrest or surrender within one month from the
date of communication of this order, the above
named petitioner shall be released on bail on
furnishing bail bond of Rs. 10,000/-(ten
thousand) with two sureties of the like amount
each to the satisfaction of Chief Judicial
Magistrate, Patna in Complaint Case No. 44© of
2009, subject to the condition as laid down
under section 438(2) Cr.P.C.
AI ( Mandhata Singh, J.)