Suresh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16624 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- CHHABILAPUR District- Nalanda ====================================================== Suresh Manjhi Son of Late Bal Govind Manjhi Resident ofVillageKanchanpur Maniyar, P.S.- Chhabilapur, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Chhabilapur P.S. Case No.111 of 2023, registered for the alleged offence under Sections 406, 420, 467, 468, 471 of the Indian Penal Code.

03. As per prosecution case, the co-accused Gorelal Rajbanshi sold the land of the informant to other co-accused person and the petitioner identified the vendor on the sale documents.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The main allegation is against co-accused Gorelal Rajbanshi and the role attributed to this petitioner is only that he

Patna High Court CR. MISC. No.16624 of 2024(2) dt.14-03-2024 2/3 identified the vendor. The petitioner is neither the vendor nor the vendee of the land. No wrongful gain or loss has come to this petitioner. The role of the petitioner is limited the extent that a sale-deed was executed in which the vendor of the sale-deed was identified by this petitioner and he is only responsible for identification of the vendor. It is apparent that there is a civil dispute with respect to title and possession over the suit land. The petitioner has got criminal antecedent of one case and he is on bail in that case.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the fact that petitioner only acted as an identifier/witness on the sale deed and it was a transaction of sale and purchase to land, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial magistrate, Nalanda at Biharsharif/concerned court in connection with Chhabilapur P.S. Case No. 111 of 2023, subject

Patna High Court CR. MISC. No.16624 of 2024(2) dt.14-03-2024 3/3 to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T