Ritesh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41550 of 2015 Arising Out of PS.Case No. -157 Year- 2013 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Ritesh Kumar Choudhary Son of Surya Narayan Choudhary resident of Village- Chand Chour Mathurapur, Police Station - Ujiarpur, District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar No.1(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and learned A. P.P. for the State.

Petitioner apprehends his arrest in connection with Samastipur (Town) P.S. Case No. 157 of 2013 registered for offences punishable under Sections 406, 420, 467, 468, 471, 423 and 120B of the Indian Penal Code.

The prosecution case, on the basis of the complaint filed by Vinay Kumar Jaiswal, which was later on converted into P.S. case, on the basis of which the present First Information Report was lodged, is that the complainant/ informant and his brother agreed to sell a piece of land in favour of Subodh Rai and his wife Vinita Devi for

Patna High Court Cr.Misc. No.41550 of 2015 (3) dt.27-01-2016 2/3 consideration amount of Rs. 9,50,000/-. The petitioner was a private clerk, who along with one Jai Shankar Sharan, an employee of the registry office came along with others, took photographs of the complainant/ informant and his brother and a forged sale-deed was executed.

It has been submitted by the counsel for the petitioner that the sale-deed was executed by the complainant/ informant and his brother after receiving the entire consideration amount. Petitioner was neither a party to the said transaction nor he had prepared the forged bank drafts. Considering the aforesaid facts, since the petitioner was not a party to the act and that another co-accused, Jai Shankar Sharan, who was an employee of the registry office, has been enlarged on bail by a Coordinate Bench of this Court under order dated 23.11.2015 passed in Cr. Misc. 34109 of 2015 on the same and similar allegations, 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

Patna High Court Cr.Misc. No.41550 of 2015 (3) dt.27-01-2016 3/3 in connection with Samastipur (Town) P.S. Case No. 157 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Nilu Agrawal, J.) Arjun/- U T