Patna High CourtCR. MISC./55577/2015bail granted

Santosh Kumar @ Santosh Kumar Singh v. The State Of Bihar

2015-12-14Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court Cr.Misc. No.55577 of 2015 (2) dt.14-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55577 of 2015 Arising Out of PS.Case No. -68 Year- 2015 Thana -KATIHAR MUFFASIL District- KATIHAR ======================================================

1. Santosh Kumar @ Santosh Kumar Singh son of Hari Charan Mahto, Resident of village- Sadalpur Kala, P.S.- Rautara, District- Katihar .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-12-2015 Heard the learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, namely, Santosh Kumar @ Santosh Kumar Singh is in custody in Katihar(Muffasil) P.S. Case No.68 of 2015 under Sections 420, 406, 467, 468, 471/34 of the Indian Penal Code.

According to the prosecution case, the petitioner sold the property to the informant which had already been sold by the petitioner earlier to other persons and, therefore, the petitioner cheated the informant.

The learned counsel for the petitioner submitted that in fact, the earlier sale deed is fraudulent sale deed and, therefore, prior to filing this criminal case against this petitioner, the

Patna High Court Cr.Misc. No.55577 of 2015 (2) dt.14-12-2015 petitioner himself had filed Title Suit No.169 of 2015 on 19.05.2015 for cancellation of the sale deed. In view of the above facts and the nature of allegation and that the petitioner has already filed title suit for cancellation of the earlier sale deed, I direct the petitioner named above to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Katihar, District-Katihar in connection with Katihar(Muffasil) P.S. Case No.68 of 2015. (Mungeshwar Sahoo, J) Saurabh/- U T