Lal Babu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7566 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== Lal Babu Singh Son Of Late Raj Karan Singh @ Ram Karan Singh Resident Of Village - Nayagaon, P.S. - Desri, District - Vaishali At Hajipur (Bihar) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 420, 467, 120(B), 468, 471/34 of the Indian Penal Code.
3. As per allegation in the FIR, it is a case of execution of sale-deed dated 24.5.2023 by doing forgery and impersonating other person in place of the informant by the accused person. Photographs of the informant used as a seller in sale deed dated 24.5.2023 are not same photographs of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. A compromise petition signed between the petitioner and the informant on certain terms and conditions in presence of
Patna High Court CR. MISC. No.7566 of 2024(2) dt.17-02-2024 2/3 Sarpance of Gram Katchari, is annexed as Annexure-5 to this petition. The sale deed in question is genuine and correct and the informant has executed the sale deed in his favour and also submitted that the informant has executed a portion of the land in the year 2017 in favour of accused-petitioner. The present case is purely civil in nature and informant may get remedy in the court of competent civil jurisdiction but with a view to harass the petitioner, lodged a criminal case against him. Petitioner is languishing in judicial custody.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner has suppressed his criminal antecedent and in para 3 of the petition, petitioner has mentioned his four criminal antecedents.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 225 of 2023 with a following condition:
Patna High Court CR. MISC. No.7566 of 2024(2) dt.17-02-2024 3/3
7. Court below shall verify the criminal antecedent(s) of the petitioner and in case at any stage, it is fount that petitioner has concealed his criminal antecedent other than the disclosed one, court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed in the name of verification of criminal antecedents. (Sunil Kumar Panwar, J) sushma/- U