Patna High Court granted anticipatory bail to Naresh Prasad Ambastha apprehending arrest in a land fraud case where he was a victim-deed writer. Bail allowed with Rs. 10,000 bond and sureties on conditions of Section 438 CrPC.
Anticipatory bail granted on arrest/surrender within three weeks, bond Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53910 of 2013
====================================================== 1. Naresh Prasad S/O Yogendra Prasad Ambastha Resident Of Village Azad Nagar Gang, P.S. Simari Bakhtiarpur, District Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 20-03-2014 Heard Mr. Aditya Prakash Sahay for the petitioner and learned A.P.P. for the State.
The petitioner, apprehending his arrest in Saharsa P.S. Case No. 400 of 2012, has filed the present application seeking anticipatory bail for the offences instituted under diverse provisions of the Indian Penal Code.
With respect to an occurrence that had taken place in the year 2002, a complaint was lodged in the year 2012 which was later treated as an F.I.R. alleging therein that the land belonging to the complainant-informant was fraudulently sold by one of the coaccuseds. The petitioner being the Deed Writer had prepared the said document of sale. Learned counsel submits that petitioner is neither the beneficiary nor the maker of the said document. Being a Deed Writer, whenever somebody approach, he is obliged to write the deed as per the instructions of the client. It is next
Patna High Court Cr.Misc. No.53910 of 2013 (2) dt.20-03-2014
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contended that except the aforesaid, there is no evidence directly implicating the petitioner in the said case.
Considering the facts and circumstances of the case, in the event of his arrest or surrender in the Court below within three weeks, the petitioner abovenamed shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 400 of 2012 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors shall be own/close relative of the petitioner.
(Kishore Kumar Mandal, J)
Pankaj/-
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in the Saharsa P.S. Case No. 400 of 2012.
Naresh Prasad S/O Yogendra Prasad Ambastha
The State Of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
