Babu Lal Marandi @ Babulal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29409 of 2023 Arising Out of PS. Case No.-304 Year-2020 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Babu Lal Marandi @ Babulal Yadav, Son Of Late Sita Ram Yadav, Resident Of Village - Salaiya, P.S. - Salaiya, Distt. - Aurangabad (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Doman Bhagat, Son of Late Ramdhani Bhagat, Resident of village - Jogahi, P.S. - Salaiya, Dist. - Aurangabad (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. In this case, the petitioner is apprehending his arrest in connection with Aurangabad Complaint Case No. 304 of 2020, registered for the offences under Section 420 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other coaccused persons fraudulently sold the land of the complainant through a registered sale deed in favour of co-accused Bilash Yadav. The petitioner is stated to be the witness on the sale deed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The petitioner is an

Patna High Court CR. MISC. No.29409 of 2023(2) dt.14-07-2023 2/3 advocate clerk and also works as a deed writer in Civil Court, Aurangabad and he has no knowledge about the title of the disputed land which was sold by co-accused Satyajit Sinha to coaccused Bilash Yadav as the petitioner belongs to different village. The petitioner has not committed any fraud or cheating. There is no specific allegation against this petitioner for committing any offence except the allegation that he was knowing about the title of the complainant. The complainant has also filed Title Suit No. 81 of 2020 to declare the sale deed void and the petitioner has also been made party in the said title suit. Therefore, it is a dispute of civil nature.

5. Learned APP opposes the prayer for bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that petitioner is only stated to be a witness on a sale deed which has been executed by co-accused though for the land allegedly belonging to the complainant and no specific allegation of committing any fraud has been alleged against this petitioner, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.29409 of 2023(2) dt.14-07-2023 3/3 Magistrate, Aurangabad/concerned court in connection with Aurangabad Complaint Case No. 304 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T