Sachindra Shukla @ Satyendra Nath Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36107 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- THAKRAHA District- West Champaran ====================================================== 1.

Sachindra Shukla @ Satyendra Nath Shukla son of Late Bachcha Shukla Resident of Village -Thakraha. P.S.- Thakraha. District - West Champaran 2.

Rahul Shukla Son Of Late Sachchidanand Shukla Resident Of Village -Thakraha. P.S.- Thakraha. District - West Champaran 3.

Vinod Shukla Son Of Late Pancha Shukla Resident Of Village -Thakraha. P.S.- Thakraha. District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners apprehend their arrest in connection with Thakraha P.S.Case No. 104 of 2023 dated 02.12.2023 instituted for the offence punishable under Sections 420, 468, 467/34 of the Indian Penal Code.

3. The case of prosecution , in short is that the petitioners have changed the Jamabandi No. 1074 as 1094, Khata No. 2024 as 2022 and Khesra No. 10764 as Khesra No. 10754 in original document no. 8073. The allegation against the petitioners is that they have created forged and fabricated

Patna High Court CR. MISC. No.36107 of 2024(2) dt.26-06-2024 2/3 document of the land.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. It is submits that in the original deed, the Jamabandi no. 1074 has been made as Jamabandi no. 1094 but the same is not correct inasmuch as nothing as alleged has been changed at the end of petitioner no. 1 rather in the internal page no. 9 of the deed , the Jamabandi no. 1074 has been mentioned and not Jamabandi no. 1094 The petitioners have not manipulated the registered deed. The allegation against the petitioners is that they created forged document in favour of them. It is further submits that the act of the petitioners could not be blamed that loss of anyone and no criminal offence is made out. Lastly it is submits that the dispute related to mutation and the petitioners have clean antecedents.

5. Learned A.P.P for the State has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of arrest/ surrender of the petitioners within a period of six weeks from today, in connection with Thakraha P.S.Case No. 104 of 2023, they shall be released on anticipatory bail

Patna High Court CR. MISC. No.36107 of 2024(2) dt.26-06-2024 3/3 upon furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M 1st class, Bagaha, West Chammparan or appropriate Court Below, subject to condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Khatim Reza, J) N.K/- U T