Gholti Devi v. the State of Bihar
Anticipatory bail – Section 438, Code of Criminal Procedure
Case brief
What is this about?
Patna High Court; CRIMINAL MISCELLANEOUS No.46693 of 2023; order dated 25-01-2024; Chandra Prakash Singh, J.; anticipatory bail under Section 438 CrPC allowed; IPC sections 420, 406, 120B, 504, 506; Lodipur P.S. Case No. 224 of 2020; G.R. No. 4813/2020; District Bhagalpur; alleged land-sale fraud (sale deed dated 28.05.2016; Rs. 7,55,000/-; claimed prior 1982 sale); petitioners' title via sale deed no. 9983 dated 14.07.2004 and sale deed no. 6955/14 dated 06.06.2014; bail bond Rs. 20,000/- each with two sureties of like amount; condition of physical presence before court below on every date; petitioners: Gholti Devi, Ashok Pandit, Dhibu Pandit @ Ravindra Pandit; State of Bihar; advocates Pankaj Kumar (defence) and Umanath Mishra, APP.
What did the court decide?
Anticipatory bail granted: on arrest or surrender within six weeks, petitioners to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhagalpur, subject to Section 438(2) CrPC conditions and a further condition of personal presence before the court below on every date, failing which on two consecutive dates the prosecution may move for cancellation of the bail bond.