Jitendra Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2322 of 2023 Arising Out of PS. Case No.-16 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.

JITENDRA KUMAR SHARMA Son of Late Bishwanath Sharma Resident of Village - Hirapur, Police Station - Kundwachainpur, District - East Champaran.

2.

Pankaj Sharma Son of Late Bishwanath Sharma Resident of Village - Hirapur, Police Station - Kundwachainpur, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prateek Tandon, Adv.

For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 420, 467, 468, 471, 34 of the IPC. Allegation against the petitioners is that they have obtained affiliation for their school on the basis of forged land documents.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to village politics. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the disputed land belongs to the petitioners and a Title Suit No.32/2018 is already pending

Patna High Court CR. MISC. No.2322 of 2023(2) dt.16-03-2023 2/2 before the petitioner and the proprietor of the Engineer Upendra Sharma Teachers Training College before the Civil court, Motihari. It is further submitted that there is a civil dispute between the parties. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is civil dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kundwachainpur P.S. Case No.16 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T