IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35164 of 2010 ONKAR PRASAD SINGH Versus THE STATE OF BIHAR ----------- 7 4.3.2011 Heard learned counsel for the parties. Petitioner is alleged for receiving Rs. 2,45,000/- to get transferred a piece of land of accused no.4 through sale deed for consideration money of Rs. 3,00,000/-, much stress is given on averment made in paragraph-12 that all the accused persons were approached by complainant, date of earlier agreement was going to expire, such threatening was given to complainant by accused nos.4 and 5 then a fresh agreement (Annexure/2) was executed in favour of complainant’s wife by accused no.4. Accused no.5 was a witness to that agreement. Submission is that this much was a fresh agreement cannot be taken that money received by this petitioner was given to accused no.4, is not acceptable. This agreement goes to show shifting of liability of this petitioner upon accused no.4, the real owner of the land. Submission at complainant’s hand is about several talks on the point of execution of sale deed, returning of part of money and signature of accused no.4 on Annexure- 2 2 forged is no where mentioned in complaint petition or statement on S.A. in course of inquiry. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in Complaint Case No. 44© of 2009, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)