Sanket Sharma @ Sanket Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.58530 of 2015 (3) dt.19-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58530 of 2015 Arising Out of PS.Case No. -482 Year- 2015 Thana -PHULWARI District- - ======================================================

1. SANKET SHARMA @ SANKET KUMAR Son of Sri Madheshwar Sharma Resident of Village-Simra, P.S.-Janipur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Phulwarisharif (Janipur) P.S. Case No. 482 of 2015 registered for the offences punishable under Sections 323, 419, 420, 423, 467, 468, 471, 504, 506, 120B/34 of the Indian Penal Code.

Allegedly, the petitioner in collusion and conspiracy got executed two registered sale deeds dated 09.02.2015 and 12.02.2015 in favour of Nagendra Prasad Singh and Sanjay Kumar with respect to the land of the complainant after forging signature of the complainant and after impersonating him and the petitioner is the witness on that sale deed. Submission is of false implication and that he has merely signed as a witness on the two sale deeds, the complainant has executed the sale deed but has filed this false case, the complainant/informant is grandfather of the petitioner and due to property dispute the petitioner

Patna High Court Cr.Misc. No.58530 of 2015 (3) dt.19-02-2016 has been implicated, resulting, he is suffering in custody since 12.09.2015, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Seema Eram, J. M. Ist Class, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 482 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T