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Judgment
Jitendra Mohan Sharma, J.—Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in connection with Sasaram (T) P.S. Case no. 596 of 2013 pending in the Court of learned Chief Judicial Magistrate, Rohtas at Sasaram for the offences punishable under Sections 419 and 420 of the Indian Penal Code.
Allegedly, the petitioners agreed to sell their land to the informant for a consideration amount of Rs. 45,000/-. The amount was paid in total to the petitioners but the petitioners did not execute the sale deed in favour of the informant and later on it transpired that the land, in question, is of State of Bihar but the petitioners did not return the consideration amount, which they have received.
Learned counsel for the petitioners seeks privilege of pre arrest bail to the petitioners pleading their innocence, false implication and submitting that the alleged agreement is said to be of 6.6.2005 whereas the case has been lodged on 9.6.2013 i.e. after much delay, which speaks a volume. Further the informant wants some relief that can be sought in the competent civil court.
Learned A.P.P. opposes the prayer of pre arrest bail of the petitioners.
Considering the submission made at the Bar, going through the FIR and record and noticing that the FIR has been lodged after much delay, remedy lies to the competent civil court and as such the petitioners, namely, Bipin Bihari Singh and Vinay Kumar Singh, in case of their surrender within one month or arrest, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasaram, in Sasaram (T) P.S. Case no. 596 of 2013, subject to the conditions as laid down u/s. 438(2) Cr.P.C.