IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26931 of 2010 RAJESHWAR PRASAD & ANR Versus STATE OF BIHAR ----------- 05/ 30.11.2010 Heard learned counsel for the petitioners as well as learned P.P. for the State assisted by learned counsel for the informant. Admittedly, house in question stands in the name of petitioner’s wife- Kamla Devi, who has executed an agreement for sale in favour of the informant. So far as petitioner no.1 (Rajeshwar Prasad) is concerned, it is simply stated that being husband of co- accused Kamla Devi, he took consideration amounts on different dates from the informant. Furthermore, it is stated that this petitioner as well as his wife did not disclose the factum of litigation at the time of execution of the agreement for sale whereas a title appeal in respect of the aforesaid house is still pending. Admittedly, petitioner’s wife has already been granted privilege of bail by this court vide order dated 13.9.2010 passed in this criminal miscellaneous case and on the aforesaid date case diary was called for consideration of bail of this petitioner. Petitioner is in jail custody since 28.4.2010 and now he is not ready to make any payment to the informant. Considering the aforesaid facts and circumstances as well as submissions of the parties, petitioner (Rajeshwar Prasad) is directed to be released on bail in connection with Jakkanpur P.S. Case no. 183 of 2005 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Patna. shahid (Hemant Kumar Srivastava,J) - 2 -