Patna High CourtCR. MISC./20636/2021bail granted

Bikram Kumar v. The State Of Bihar

2022-01-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20636 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- MANSI District- Khagaria ====================================================== BIKRAM KUMAR Son of Shiv Narayan Singh Resident of Village- Samir Nagar, P.S.- Chitragupta Nagar Khagaria, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Sharan Singh, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2022 Heard Mr. Shambhu Sharan Singh, learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Mansi P. S. Case No. 279 of 2020 instituted for the offences under Sections 406/420/467/468/34 of the Indian Penal Code.

It has been alleged by the informant that a land over which he has been coming in possession for the last several years has been unauthorizedly sold by his co-villager Amresh Kumar in favour of one Ambika Lal. So far as the petitioner is concerned, he is having prosecuted in this case on the accusation of his having witnessed the sale deed. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.20636 of 2021(2) dt.11-01-2022 2/2 only on being satisfied that the vendor of the land in question had the title to transfer the same, the petitioner had identified the vendor and vendee.

Merely because the petitioner is one of the witnesses to the sale deed which has come under dispute, a criminal case cannot be saddled upon him.

For the reasons afore-stated, the petitioner is directed to be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on his/her furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria in connection with Mansi P.S. Case No. 279 of 2020, subject to the condition as laid down under Section 438 (2) Cr. P.C.

The application stands allowed.

(Ashutosh Kumar, J) mantreshwar/- U T