Deena Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23338 of 2024 Arising Out of PS. Case No.-1093 Year-2020 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Deena Sahani, Son Of Late Manchit Sahani, Resident Of Village- Rajepur Nawada, PS- Pakaridayal, Dist- East Champaran 2.

Sachindra Sahani, Son of Bulo Sahani @ Bulu Sahani, Resident Of VillageRajepur Nawada, PS- Pakaridayal, Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Darbari Sahani, Son Of Late Gonaur Sahani, Resident Of Village- Rajepur Nawada, PS- Pakaridayal, Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-03-2025 Heard Mr. Vijay Shankar Shrivastava, learned counsel for the petitioners and Mr. B.N. Pandey, learned APP for the State.

2. The petitioners have prayed for bail in connection with Complaint P.S. Case No. 1093 of 2023 (Tr. No. 1316 of 2023) registered for the offence punishable under Sections 420 and 34 of the Indian Penal Code.

3. The case of the complainant, in short, is that all the accused persons in furtherance of their common object came and stated that the accused Deena Sahani is going to registry office at Pakridayal to get land executed in his favour and also asked the complainant to become witness on the sale deed. It is

Patna High Court CR. MISC. No.23338 of 2024(5) dt.27-03-2025 2/3 further alleged that the accused persons have got the land of the complainant transferred in their favour. The complainant is rustic villager. He is illiterate. He does not know the technicalities of registration in the registry office.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. It has further been submitted that in this case, main thrust of allegation is against petitioner no.1 and from perusal of the sale deed, it will transpire that the complainant has taken Rs. 55,000/- and after that he has sold the land to the petitioners. It has also been submitted that it is out and out the case of civil nature. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. They are languishing in judicial custody since 01.02.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two

Patna High Court CR. MISC. No.23338 of 2024(5) dt.27-03-2025 3/3 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Motihari, East Champaran in connection with Complaint P.S. Case No. 1093 of 2023 (Tr. No. 1316 of 2023).

(Ashok Kumar Pandey, J) lata/- U T