Ashutosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4558 of 2020 Arising Out of PS. Case No.-207 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== 1.

ASHUTOSH KUMAR SINGH Son of Late Yogendra Prasad Singh Resident of Village-Madhuaha Vrit, P.S.-Rajepur, District-East Champaran. 2.

Lal Babu Thakur Son of Late Rama Kant Thakur Resident of VillageMadhuaha Vrit, P.S.-Rajepur, District-East Champaran. 3.

Shankar Tiwari Son of Late Bhuneshwar Tiwari Resident of Village-Bara Vishunpur, P.S.-Rajepur, District-East Champaran. ... ... Petitioners.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Umesh Chandra Verma, Advocate.

For the State :

Mr. Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard the parties.

The petitioners apprehend their arrest in connection with Chakia P.S. Case No.207 of 2019 registered under Sections 420, 467, 468, 471 and 120B/34 of the Indian Penal Code. The accusation is that the land purchased by Nirmala Kumari, the wife of the complainant/informant Ramendra Kumar Singh from Ashok Kumar Singh, was sold by Ajit Kumar Singh in favour of Ashutosh Kumar Singh (petitioner no.1) on which Lal Babu Thakur (petitioner no.2) put his signature as a witness and the deed was drafted by Shankar Tiwary (petitioner no.3). As such, the petitioners and Ajit

Patna High Court CR. MISC. No.4558 of 2020(2) dt.04-02-2020 2/2 Kumar Singh committed forgery.

Learned counsel for the petitioners submits that the petitioner no.1 is bonafide purchaser of the land in dispute, which was purchased by him from the co-accused Ajit Kumar Singh, on which the petitioner no.2 put his signature and the deed was drafted by the petitioner no.3 on the instruction of the co-accused Ajit Kumar Singh. Moreover, the civil suit in between the parties is pending in respect of the land in dispute. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 13th Additional Chief Judicial Magistrate, East Champaran at Motihari, in connection with Chakia P.S. Case No.207 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T