Kundan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24481 of 2020 Arising Out of PS. Case No.-308 Year-2019 Thana- BALIYA District- Begusarai ====================================================== Kundan Jha Son of Ram Padarath Jha Resident of Village - Lakhminiya, P.S.- Ballia, Dist.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Ballia P.S. Case No. 308 of 2019 registered for the offence under Sections 406, 420, 467, 468, 120(B) and 471/34 of the Indian Penal Code.
As per the prosecution case, this petitioner alongwith other co-accused, by entering into a criminal conspiracy to cheat the informant, prepared forged document and on the basis of said forged document, co-accused Vijay Jha sold one bigha land to co-accused Rajendra Mahto and petitioner became witness of the same.
It is submitted on behalf of petitioner that it is purely a case of civil nature. Co-accused Vijay Jha has sold his own
Patna High Court CR. MISC. No.24481 of 2020(2) dt.01-10-2020 2/2 land to co-accused Rajendra Mahto. Petitioner was only witness in the said sale-deed. Neither informant nor his ancestor has any right or possession over the said land. It is orally submitted that some of the co-accused have already been granted bail by the court below itself.
Considering the nature of allegation and submission of learned counsel for the petitioner, the anticipatory bail application is allowed. In the event of arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Ballia P.S. Case No. 308 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Singh, J.) anay U T