Dilip Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6451 of 2023 Arising Out of PS. Case No.-430 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== DILIP SINGH SON OF LATE CHANDRIKA SINGH R/O VILL.- BALUA, P.S.- PAHARPUR, DISTT.- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Singh, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks bail, who is in custody since 12.07.2022 in connection with Harsiddhi P.S. Case No.430/2021, F.I.R. dated 01.11.2021, for the offences punishable under Sections 420, 467, 468, 471, 379, 427/34 of the Indian Penal Code.
According to prosecution case, the petitioner along with other named accused persons made transaction of the land of informant on the basis of forged documents. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that in fact the petitioner has purchased the land in question from the co-
Patna High Court CR. MISC. No.6451 of 2023(2) dt.02-05-2023 2/3 accused namely Ram Lochan Singh and Anutha Singh by a registered sale deed dated 09.10.2021 and the informant in the present case has claimed that he was the bonafide purchaser of the land in question long back in the year 1943 from the ancestor of the co-accused namely, Ram Lochan Singh and Anutha Singh. He further submits that when the petitioner has come to know about the present F.I.R. he also filed Title Suit bearing No. 130/2022 before the learned Sub-Judge, Areraj, East Champaran. In fact, the petitioner has paid the amount to the co-accused persons and got registered the land in question in his favour and the petitioner has not committed any wrong with anyone and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 12.07.2022.
Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned C.J.M., East Champaran in connection with Harsiddhi P.S. Case No.
Patna High Court CR. MISC. No.6451 of 2023(2) dt.02-05-2023 3/3 430/2021, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. 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.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the 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 for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) amit/- U T