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Patna High CourtCR. MISC./21510/2024allowed

Shankar Das v. The State Of Bihar

2024-04-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21510 of 2024 Arising Out of PS. Case No.-228 Year-2022 Thana- CHANDAN District- Banka ====================================================== Shankar Das S/O Late Bhajan Das R/O Village- Pailwa, P.S- Chandan, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajib Ranjan Jha For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 406, 419, 420, 34 of the Indian Penal Code.

3. Prosecution case is that the accused persons as per FIR is of submitting forged and fabricated copy of Parwana (related of settlement of land) and when show cause issued by the C.O., Chandan, no reply was given by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that after perusal of the Parwana, it appears that after issuance of Parwana the petitioner was directed to appear before the informant within a week and get Kabuliat and since then the petitioner was moving in the office of informant

Patna High Court CR. MISC. No.21510 of 2024(3) dt.10-04-2024 2/2 but no Kabuliat was created in his name. He submits that Parwana was issued in the name of the petitioner and the office of the informant has also issued rent receipts in his favour after creating Jamabandi. He submits that the present dispute is purely civil in nature. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 01.12.2023.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chandan P.S. Case No. 228 of 2022.

(Anjani Kumar Sharan, J) devendra/- U T