Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8238 of 2023 Arising Out of PS. Case No.-305 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Shambhu Kumar Son of Sarowar Prasad R/v- Pitaunjiya, P.S.- Bhadaur, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Surenra Kumar Gupta Son of Late Ram Lakhan Sao R/v- Bhadaur, P.S.- Bhadaur, District- Patna, at present Room No. 115 Second Floor, Hemchandra Naskar Road, P.S. and Post- Beliya Ghata, Kolkata- 700010 (West Bengal ) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a complaint case registered for the offences punishable under Sections 423, 467, 468, 120(B) of the Indian Penal Code.

As per the complaint case, this petitioner along with other co-accused persons after hatching up conspiracy fraudulently sold the land of complainant.

It is submitted that petitioner is bona fide purchaser of the land in question. No offence as alleged in the complaint petition is made out against this petitioner. After payment of due

Patna High Court CR. MISC. No.8238 of 2023(2) dt.24-04-2023 2/2 consideration amount, the land in question was executed in favour of the petitioner. Petitioner has got no concern with the family dispute. Petitioner claims clean antecedent. Considering the facts aforesaid and nature of dispute, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Judicial Magistrate Ist Class, Barh, Patna in connection with Complaint Case No. 305(C) of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T