Sushil Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11572 of 2019 Arising Out of PS. Case No.-543 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== Sushil Kumar Dubey, Son of Late Baijnath Dubey, Resident of village - Semariya Khurd, P.S.- Rivilganj, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. R.B. Roy 'Raman'

For the Informant :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2019 Heard learned Counsel for the petitioner, learned Additional Public Prosecutor for the State and learned Counsel for the informant.

This application, for grant of anticipatory bail, arises out of Chapra Town Police Station Case No. 543 of 2018, disclosing offences under Sections 420, 467, 468, 471 and 120B/34 of the Indian Penal Code.

The petitioner is said to have executed sale deed in favour of one Sarita Devi in respect of a piece of land, which, according to the informant, was transferred to him by his maternal grandfather. The person who is said to have gifted the said land in favour of the informant is maternal grandfather of the present petitioner also.

The allegation is that the petitioner has executed the sale deed in respect of land which legally belongs to the

Patna High Court CR. MISC. No.11572 of 2019(2) dt.26-02-2019 2/2 informant. If the informant has any dispute in respect of execution of the sale deed, he has civil remedy. In my opinion, since the vendee does not have any grievance, there is no reason why this application for grant of anticipatory bail should not be allowed.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra, Saran, in connection with Chapra Town Police Station Case No. 543 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √