Pradeep Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11017 of 2022 Arising Out of PS. Case No.-48 Year-2021 Thana- BARSOI District- Katihar ====================================================== 1.

PRADEEP RAY S/o Narayan Ray R/o Village- Unaso Pachgachhi, P.S.- Balia- Belon (Kadwa), Dist.- Katihar.

2.

TANZIL ALAM @ TANZIL S/o Abdul Muluk @ Muluk R/o Village- Unaso Pachgachhi, P.S.- Balia- Belon (Kadwa), Dist.- Katihar. 3.

SUDHIR MAHALDAR @ SUDHIR MAHAALDAR S/o Nukku Mahaaldar R/o Village- Bathora, P.S.- Balia- Belon (Kadwa), Dist.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Qumrul Hoda, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2022 Learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail with respect to petitioner no. 3, namely, Sudhir Mahaldar @ Sudhir Mahaaldar as he has been arrested.

Permission is accorded.

Heard learned counsel for the petitioner no. 1 and 2 and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner no. 1 and 2 apprehend their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

Patna High Court CR. MISC. No.11017 of 2022(3) dt.06-09-2022 2/3 Learned counsel for the petitioner no. 1 and 2 submits that petitioner no. 1 and 2 are persons with clean antecedent. The informant alleges that on 28.02.2021, at about 11:00 a.m., he took out the photocopy of the sale deed and found that Abdus Salam had executed sale deed of his land fraudulently.

Learned counsel for the petitioner no. 1 and 2 submits that petitioner no. 1 and 2 have been falsely implicated in the present case and co-accused Abdus Salam was granted anticipatory bail by the learned court below vide order dated 10.08.2021 passed in A.B.P. No. 551 of 2021 and the present petitioner no. 1 and 2 are identifiers and witnesses on the said sale deed and are not alleged to have sold the land of the informant.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioner no. 1 and 2, the petitioner no. 1 and 2 above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

Patna High Court CR. MISC. No.11017 of 2022(3) dt.06-09-2022 3/3 the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barsoi P.S. Case No. 48 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T