Md. Gaji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11458 of 2022 Arising Out of PS. Case No.-413 Year-2021 Thana- GOGRI District- Khagaria ====================================================== MD. GAJI Son of Late Munish Resident of Village- Rampur, P.S.- Gogri, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Gogri P.S. Case No. 413 of 2021, for the offence punishable under Sections 406,420, 467, 468 and 120(B) of the Indian Penal Code.

As per allegation made in the F.I.R. accused persons named in the F.I.R., including the petitioner, fraudulently, in connivance with the local revenue authorities had got mutated the land appertaining to Khata No. 1, Khesra No.205 measuring area of one Bigha on the basis of registered sale deed in the name of Shambhu Yadav.

It is stated primarily case relates to civil matter and

Patna High Court CR. MISC. No.11458 of 2022(2) dt.13-06-2022 2/3 proceeding under Section 145 is pending before the Circle Officer, Gogri and he has been appointed as receiver under Section 146(1). It has further been stated that petitioner is the actual owner of the disputed land and the informant on the basis of false documents filed the present case. The petitioner is in custody since 07.11.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No.413 of 2021 ,subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.11458 of 2022(2) dt.13-06-2022 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T