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Patna High CourtCR. MISC./45300/2015bail granted

Raushan Raj And ORS v. The State Of Bihar

2015-11-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45300 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -VISHNUPAD District- GAYA ======================================================

1. Raushan Raj Son of Sri Arun Singh R/o village - Ghentadih, P.S. M.U. District - Gaya

2. Pankaj Kumar Son of Sri Rabindra Sharma Resident of village - Vishnupur, P.S. Alipur, District - Gaya

3. Ravi Shankar Kumar Son of Bipin Bihari Sharma Resident of village - Lari, P.S. Kurtha, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Dr. Rabindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-11-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 34 of the Indian Penal Code.

The prosecution case is that petitioner Nos. 2 and 3 purchased about 8 acres of land from the informant situated at Manjathi in the District of Gaya but at the time of registration some interpolation was made in the sale deed and the land of village Patrara were also included. It is submitted by learned counsel for the petitioners that petitioner Nos. 2 and 3 are the purchasers of the land, whereas petitioner No. 1 is witness to the sale deed. The informant earlier filed Complaint Case No. 1304 of 2015 alleging therein that the entire consideration amount has not

Patna High Court Cr.Misc. No.45300 of 2015 (2) dt.03-11-2015 2/2 been paid by the petitioner Nos. 2 and 3. In the complaint petition no interpolation in the sale deed has been alleged, whereas sale deed stipulates that the informant, after receiving the entire consideration amount executed the same. The sale deed was executed on 10.07.2015, whereas the complaint was filed on 29.07.2015 and the present F.I.R was registered on 13.08.2015.

Considering the inconsistent nature accusation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, 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 Chief Judicial Magistrate, Gaya in connection with Bishnupad P.S. Case No. 85 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T