Shyam Kishor Sharma @ Tuntun Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27130 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- SARAI District- Vaishali ====================================================== SHYAM KISHOR SHARMA @ TUNTUN SHARMA Son of Late Satya Narain Sharma Resident of Village - Fatepur Fulbariya, P.S.- Sarai in the district of Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-11-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 468, 471, 420, 504 & 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.27130 of 2020(2) dt.27-11-2020 2/3 The petitioner in association of other co-accused are said to have hatched up criminal conspiracy and illegally executed a sale deed in favour of co-accused Kiran Devi with respect to 19 decimals of land. It is further alleged that previously a case was lodged by her against the petitioner and co-accused bearing Sarai P.S. Case No.336 of 2019 regarding the ancestral prioperty of Calcutta which is under investigation. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to ancestral undivided land which is in dispute. Both the parties are cosharer (Devar and Bhabhi). There is case and counter case between the parties.

The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no criminal antecedent. Similarly situated co-accused, namely, Kiran Devi, who is wife of the petitioner, has been enlarged on bail by a co-ordinate bench of this court vide order dated 21.10.2020 passed in Cr. Misc. No. 27215 of 2020.

Patna High Court CR. MISC. No.27130 of 2020(2) dt.27-11-2020 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIII, Vaishali at Hajipur in connection with Sarai P.S. Case No. 16 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T