Sheikh Haroon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27323 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- SIKTA District- West Champaran ====================================================== Sheikh Haroon S/o Late Sheikh Idrish @ Idrish R/o Village- Lalparsa, P.S.- Sikta, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate Mr. Ankit Shubham, Advocate Mr. Krishna Kant Pandey, Advocate For the Informant :

Md. Anis Akhtar, Advocate Md. Mahtab Alam, Advocate For the State :

Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sikta P.S. Case No. 02 of 2022, lodged under Sections 420, 406, 465, 467, 468, 471 and 120B of Indian Penal Code. As per the prosecution case, the allegation against the petitioner in this case is that he has played the role of witness of a registered sale deed which was executed by the vendor to vendee.

Learned counsel for the petitioner submits that in the

Patna High Court CR. MISC. No.27323 of 2022(2) dt.13-09-2022 2/3 entire F.I.R., there is no specific allegation against the present petitioner. The general and omnibus allegation has been made against all the accused persons including the petitioner. The role of petitioner is a witness of the vendor/vendee, who are in existence. The learned counsel for the petitioner submits that the petitioner is in custody since 11.03.2022, charge sheet has already been filed in this case having one criminal antecedent, in which he is on bail.

Learned counsel for the State opposes the prayer for bail.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that on the petitioner's instance the entire conspiracy has been created which resulted into fraud/ breach of trust with the informant. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st, Class, Bettiah, West Champaran in connection with Sikta P.S. Case No. 02 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

Patna High Court CR. MISC. No.27323 of 2022(2) dt.13-09-2022 3/3 With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T