Sahajan Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60586 of 2017 Arising Out of PS.Case No. -3869 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Sahajan Prasad, son of Late Dudhnath Bhagat, resident of village-Fulugani, Police Station-Thawe, District-Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anirudh Sah, son of Kashi Sah, resident of village-Fulugani, Police Station-Thawe, District-Gopalganj.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 13-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.3869 of 2016/TR. No.374 of 2017 registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

The accusation is that the land, recorded in the name of the father of the complainant/opposite party no.2, was sold by his son Nagendra Sah by committing fraud in favour of Dharmnath Chaudhary and this petitioner put his signature on the sale deed as a witness in collusion with other accused.

Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.60586 of 2017 (2) dt.13-12-2017 2/2 the co-accused Nagendra Sah is the son of the complainant/opposite party no.2 and the land in dispute was sold by Nagendra Sah on claiming that the said land was gifted to him by his father. The petitioner is not the beneficiary of the sale deed rather he is only said to be the witness on the sale deed. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XII, Gopalganj, in connection with Complaint Case No.3869 of 2016/Tr. No.374 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U