Awadhesh Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 43861 of 2016 Arising Out of PS.Case No. -203 Year- 2014 Thana -DUMRAON District- BUXAR =========================================================== Awadhesh Kumar Singh, Son of Late Sheo Kailash Singh, resident of villageShowal, Police Station- Krishna Braham in the District of Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Santosh Chaubey, Son of Hari Shankar Chaubey, resident of village- Khirauli, Police Station- Dumraon in the District of Buxar. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Akhileshwar Prasad Singh, Sr.

Advocate Ms. Anita Kumari Singh, Advocate For the State :

Mr. Akshay Lal Pandit, A.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 04-10-2016 Heard learned counsel for the parties.

The petitioner seeks pre-arrest bail in Dumraon P.S. Case No. 203 of 2014 dated 08.06.2014 instituted under Sections 406/420/467/468/471/120B/323/504/506 of the Indian Penal Code. The allegation against the petitioner, who is a deed writer at the local registry office, of scribing wrong facts inasmuch as, the land which was co-owned by the informant was shown to belong to others and a sale deed executed.

Learned counsel for the petitioner submits that he is only a deed writer in the registry office and is not supposed to be aware of the factual position with regard to the land in question. It is further submitted that the said deed is scribed on the basis of what is stated by the parties and there is no occasion for any verification and

Patna High Court Cr.Misc. No.43861 of 2016 dt.04-10-2016 2/2 rather, the petitioner does not have the wherewithal to verify such statement. It is submitted that the petitioner is a scribe by profession, earning his livelihood, without having any interest in the property about which he scribes the deed.

Learned APP submits that the local deed writers are well aware of the parties as well as the position of the land in the revenue records and, thus, it cannot be said that the petitioner was unaware of the ground reality, but still he has scribed something which is not the truth, in the sale deed. It is submitted that such act does not disclose bona fide conduct on his part. Having considered the rival contentions, the Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the application stands dismissed. However, in the event the petitioner surrenders before the Court below and seeks regular bail within one month from today, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date