Binod Sharma @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21321 of 2022 Arising Out of PS. Case No.-204 Year-2015 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== BINOD SHARMA @ BINOD KUMAR S/O CHANDESHWAR SHARAM R/o village- Baruna, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 468, 471, 415, 323, 506 and 120(B) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that in February 2014 he came to know that Vidya Devi had transferred his land in favour of Kushum and Nisha, also came to know that in the year 2002 Ramashish Sharma had executed a sale deed of his land as detailed in the FIR, it is further alleged that Pratap had purchased 4 decimal of his land in the name of his wife Sumitra Devi from Surajdeo Singh in the

Patna High Court CR. MISC. No.21321 of 2022(2) dt.02-11-2022 2/3 year 2002, further the accused persons tried to dispossess the complainant from his land and even threatened. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the FIR it would manifest that the dispute is purely civil, to which colour of a criminal case has been given, it is next submitted that if the informant is agreed by execution of the sale deed which he alleges to be fraudulent then he has remedies available in law, it is also submitted that petitioner is identifier on one of the sale deed and is a government servant and thus he will not absconded.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Aurangabad

Patna High Court CR. MISC. No.21321 of 2022(2) dt.02-11-2022 3/3 Complaint Case No. 204 of 2015 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T