Surendra Singh @ Seth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9573 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Surendra Singh @ Seth Son Of Late Damodar Singh Resident Of VillageSonvarsha, Ps- Shamho, Distt- Begusarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Begusari Nagar (Ratanpur) P.S. Case No. 318 of 2023 dated 15.03.2023, instituted for the offence punishable under Sections 467, 468, 471, 420, 385, 506/34 of the Indian Penal Code.

3. Allegation against the petitioner is that an agreement for sale has been executed by Umesh Kumar and Vipin Kumar in favour of petitioner, namely, Surendra Singh @ Seth. It is further alleged that on the basis of alleged deed agreement for sale, the petitioner, on 27.12.2023, tried to took possession of the informant's land. It is further alleged that the petitioner prepared a forged sale deed no. 7412 dated 23.11.1909, on the basis of such sale deed the petitioner tried to

Patna High Court CR. MISC. No.9573 of 2024(2) dt.22-02-2024 2/3 purchase the informant's land.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the informant, Umesh Kumar and Bipin Kumar are co-sharer of the land. It is further submitted that the petitioner has not executed any sale deed of the informant's land. He is only a proposed vendee of the said agreement for sale. Further, it is submitted that the petitioner has not committed any offence, he is only proposed vendor of agreement of sale executed by Umesh Kumar and Bipin Kumar. Lastly, it has been submitted that the petitioner has fourteen criminal cases against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Begusari Nagar (Ratanpur) P.S. Case No. 318 of 2023, he shall be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, subject to

Patna High Court CR. MISC. No.9573 of 2024(2) dt.22-02-2024 3/3 condition as laid down under Section 438(2) of the Cr.P.C, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

ii. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

iii. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. iv. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (Khatim Reza, J) Shanu/- U T