Sanjay Nonia @ Sanjay Noniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15128 of 2023 Arising Out of PS. Case No.-138 Year-2022 Thana- GURARU District- Gaya ====================================================== Sanjay Nonia @ Sanjay Noniya Son Of Late Dina Nonia R/O Vill.- Bahbalpur, Tola- Kailaspur, P.S.- Guraru, Distt.- Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case initially registered under Sections-406, 420, 506, 120(B) of the Indian Penal Code and later on, Section-384/34 of the IPC was also added. Allegedly, the accused persons sold the house to the informant but after registration, they declined to vacate and deliver the possession of the house to the informant. It has been submitted that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is in custody since 12-10-2022. The petitioner has remained in custody for about six and half months. Charge sheet has already been submitted in this case. The trial is not likely to be concluded in near future. The

Patna High Court CR. MISC. No.15128 of 2023(2) dt.01-05-2023 2/2 petitioner is alleged to sold the property to the informant. The claim of the informant is that the delivery of possession of the property is not being handed over to the informant. The counsel for the petitioner denies the said allegation. It is further contended that the sisters of the petitioner have filed a title suit in respect of the said property in the court below, in which, the petitioner has also been made a defendant and purchasers have also been made defendants as well and in the said title suit, notice has already been received by the informant. The matter relates to property dispute. On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, 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 the Court below/concerned Court in connection with Guraru P.S. Case No. 138 of 2022. (Sudhir Singh, J) A.K.V.//- U T