Prabhat Kumar Singh vs The State Of Bihar on 28 September, 2011

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.17250 of 2011
                 Prabhat Kumar Singh, S/o Sri Uma Kant Singh, R/o House No. 10, Sardar
                 Patel Path, P.S.-Sri Krishnapuri, District-Patna.    .........Petitioner.
                                           Versus
                 1. The State of Bihar.
                 2. Shashi Kant Sinha, S/o Sri Naresh Kumar Prasad, R/o Flat no. 317, Gaura
                     Apartment, Road No. 6, Patel Nagar, P.S.-Shastri Nagar, Patna.
                                                                      .........Opp. Parties.
                                          -----------

4 28.09.2011 Heard learned counsel for the petitioner, learned counsel

for the State as well as learned counsel appearing for the State.

The petitioner apprehends his arrest in connection with a

case in which cognizance for the offence punishable under Sections

420, 465, 468 and 120B of the Indian Penal Code has been taken.

It is stated that the petitioner is a builder. Admittedly,

there was a development agreement with the land owner. The flat

in question admittedly was in his share as per development

agreement. He has executed a registered agreement for sale in

favour of the complainant and on completion of the project had put

the complainant into possession of the flat in question. The

grievance of the complainant is that he was forcibly evicted and the

flat has been captured by co-accused Shakil Ahmad. The

complainant has also stated in his complainant that the flat in

question was in the share of the petitioner and accused no. 1 who is

land owner has illegally executed a registered sale deed in favour

of accused No. 5 Shakil Ahmad.

Considering the facts and circumstances of the case, let

the petitioner, namely Prabhat Kumar Singh in the event of his

arrest or surrender before the Court below within a period of four
2

weeks from the date of receipt/communication of this order, be

released on bail on furnishing bail bonds of Rs. 5,000/- (Five

thousand only) with two sureties of the like amount each to the

satisfaction of Learned Sri Anand Kumar Singh, Judicial

Magistrate, 1st Class, Patna in connection with Complaint Case No.

844 of 2010 subject to the conditions as laid down under Section

438(2) Cr. P.C.

Sanjeet                                     (Ashwani Kumar Singh, J.)