Saurabh Singh @ Kumar Saurabh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13432 of 2024 Arising Out of PS. Case No.-31 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== Saurabh Singh @ Kumar Saurabh Son of Ram Chandra Singh @ Ram Chandra Prasad Singh R/o Village- Kali Path Sipahi Tola, P.S.- K. Hat (Madhubani TOP), Distt.- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K.Agrawal, Sr. Advocate Mr. Jyoti Ranjan Jha, Advocate For the State :
Mr. Ajay Kumar No. 2, APP For the Informant : Mr. Sujit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with K. Hat (Madhubani) P.S. Case no.31 of 2022 registered under sections 419, 420, 327, 467, 468, 471, 120B and 341 of the Indian Penal Code.
3. As per the prosecution case, the informant states that one Ramchandra Prasad Singh, the father of the petitioner herein, was her tenant. It is stated that the accused persons by getting another lady to impersonate her got a sale deed executed allegedly by the informant in his own favour.
4. Learned Senior counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the
Patna High Court CR. MISC. No.13432 of 2024(2) dt.12-03-2024 2/3 case. Title suits for the above dispute are already pending between the parties. No such offence has been committed by the petitioner which is already the subject matter of the title suit. The petitioner is in custody since 27.12.2023 and undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that besides the petitioner being named in the F.I.R., there is direct allegation against him of getting the sale deed executed in his own favour. It is submitted that the petitioner has also suppressed his antecedent as submitted in paragraph no.3 of the petition. Learned counsel further refers to the order of the learned Sessions Judge to submit that the informant, who happens to be a 82 years old lady, appeared before the learned Court below and she categorically stated before the learned Sessions Judge that she neither made any agreement with this petitioner or his father nor executed any sale deed.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., title suits already being pending between the parties and the petitioner having remained in custody since
Patna High Court CR. MISC. No.13432 of 2024(2) dt.12-03-2024 3/3 27.12.2023, the Court directs the petitioner to be enlarged on bail in connection with K. Hat (Madhubani) P.S. Case no.31 of 2022 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 Chief Judicial Magistrate, Purnia. (Partha Sarthy, J) Saurabh/- U T