IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32550 of 2010
UTTAPATI NATH MISHRA
Versus
STATE OF BIHAR
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02/ 28.10.2010 Heard learned counsel for the petitioner as well as learned
P.P. for the State.
It would appear from perusal of the contents of the
complaint petition that co-accused Braj Bihari Mishra took advance
money from complainant on different dates to execute sale deed but
he did not fulfil his promise. So far as the petitioner is concerned, it is
alleged that he was also present at the time of alleged transaction.
Even the story, as propounded by the complainant, assumes to be true
then also it appears to me that this case is of civil nature.
Considering the aforesaid circumstances, this anticipatory
bail is allowed and it is ordered that the petitioner(Uttapati Nath
Mishra) in the event of arrest/ surrender within 30 days from the date
of communication of the order be released on bail in connection with
Complaint Case no.1832 of 2000 on furnishing bail bond of Rs
10,000/- with two sureties of the like amount each to the satisfaction
of Sri U.M. Tripathy, J.M., Bettiah subject to condition as laid down
under section 438(2) of the Cr. P.C.
shahid (Hemant Kumar Srivastava,J))