Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28294 of 2022 Arising Out of PS. Case No.-87 Year-2021 Thana- SAHAR District- Bhojpur ====================================================== GUDDU SINGH Son of Late Rajeshwar Singh Resident of Village - and P.O.- Baraki Kharaon, P.s.- Sahar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 504 and 506 of the Indian Penal Code.

As per the prosecution case, it is alleged that the petitioner has sold his land in favour of the informant for consideration of Rs. 1.37 lakh. When the informant's husband went to take possession of the said land one Pratima Devi told the informant's husband that the said land was purchased by her

Patna High Court CR. MISC. No.28294 of 2022(2) dt.20-09-2022 2/3 on 07.07.2017 and she also stated that the informant was cheated by the petitioner and co-accused person. They also quarreled with the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner sold his land in favour of the informant which indicates Chauhaddi of the said land and the land sold by the petitioner to one Pratima Devi, pertains different Chauhaddi from that of the land of the informant and area of the both land is also different. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.12.2021.

Learned A.P.P. for the State, Rajendra Nath Sinha has vehemently opposed the bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpour at Ara in connection with Sahar P.S. Case No. 87 of 2021, with a condition:-

Patna High Court CR. MISC. No.28294 of 2022(2) dt.20-09-2022 3/3

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) ravishankarkr/- U T