Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14435 of 2016 Arising Out of PS.Case No. -107 Year- 2015 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Sanjay Kumar S/o Sri Ram Chandra Prasad Karn Resident of VillageMubarakpur, P.S.- Musarigharari, Distt- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1, Advocate For the Opposite Party/s : Mr. Veena Rani Pd.(APP) CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Samastipur (Town) P.S. Case No. 107 of 2015 registered for offence punishable under Sections 406, 420, 468 and 120 (B) of the Indian Penal Code.

The prosecution case, on the basis of Complaint Case No. 1503 of 2012 filed on 14.08.2012 before the Chief Judicial Magistrate, Samastipur, is that Accused No.1, Pabitra Paswan in connivance with other accused persons got the land of the complainant/ informant registered in his name fraudulently. It has been submitted by the counsel for the petitioner that petitioner is a deed writer and cannot be implicated for the aforesaid offence. Petitioner does not have criminal history. It has further been submitted that for registration of the documents,

Patna High Court Cr.Misc. No.14435 of 2016 (2) dt.27-04-2016 2/2 vendor and vendee has to be present before the Registration Officer where finger prints and other identifications are taken, hence, being deed writer petitioner has falsely been implicated in the aforesaid case. Furthermore, learned counsel for the petitioner submits that during investigation, petitioner is only alleged to have prepared the deed document.

However, learned A.P.P. for the State submits that petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur (Town) P.S. Case No. 107 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J.) Arjun/- U T