Bitu Singh Kuswaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28551 of 2021 Arising Out of PS. Case No.-433 Year-2020 Thana- BUXAR District- Buxar ====================================================== BITU SINGH KUSWAHA S/O AWADHESH SINGH KUSHWAHA R/o village- Sondhila, P.S.- Buxar (M), District- Buxar ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Kanhaiya Jee Tiwari For the Opposite Party/s :

Mr.Akshay lal Pandit.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Buxar Town P.S. Case No. 433 of 2020, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. As per allegation made in the FIR, the informant had purchased a piece of land from Santosh Kumar Chaubey. When she went on the purchased land one Dharmawati Devi stopped her stating that she has already purchased that land from one Khedu Sonar. Learned counsel for the petitioner has submitted that the petitioner has no concern with the alleged transaction as he is nei-

Patna High Court CR. MISC. No.28551 of 2021(2) dt.10-03-2022 2/2 ther the vendee nor the vendor. He is only attesting witness of the sale deed whereby the land of Santosh Kumar Chaubey was sold in favor of the informant. He has also submitted that the petitioner is a man of clean antecedent.

Considering the fact that the petitioner is only witness of the sale deed, let him, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-Vth, Buxar in connection with Buxar Town P.S. Case No. 433 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T