Uttam Bhagat @ Uttim Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15607 of 2024 Arising Out of PS. Case No.-515 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Uttam Bhagat @ Uttim Bhagat S/o- Ramjanm Bhagat Village- Barharwa Siwan Ps- Dhaka Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP For the informant :
Md. Waliur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-04-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Dhaka P.S. Case no. 515 of 2023 registered under sections 420, 467, 468, 471, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that though he had not sold any immovable property nor executed any sale deed, the accused persons including the petitioner herein and his wife conspired and setting up an imposter as a vendor, got a forged sale deed registered in the
Patna High Court CR. MISC. No.15607 of 2024(3) dt.24-04-2024 2/3 name of the petitioner's wife with respect to the petitioner's land. Hence this F.I.R.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case by lodging an F.I.R with false and incorrect allegations. Even as per the allegations in the F.I.R, the material relates to a purely civil dispute for which Title Suit no. 139 of 2023 filed by the informant is already pending before the learned Sub-Judge III, Sikrahana at Dhaka. The petitioner is in custody since 29.11.2023 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that a clear case of cheating is made out against the petitioner who is the named accused in the F.I.R.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R, title suit with respect to the subject matter already being pending as stated above, the petitioner being in custody for 4 months since 29.11.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Dhaka P.S. Case no. 515 of
Patna High Court CR. MISC. No.15607 of 2024(3) dt.24-04-2024 3/3 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sikrahana at Dhaka.
(Partha Sarthy, J) Harsh/- U T