Parmanand Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28469 of 2019 Arising Out of PS. Case No.-385 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== Parmanand Thakur Son of Devchandra Thakur Resident of Village- Mahdeva, P.S.- Ghorasahan in the district of East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2019 Heard both sides.
The petitioner apprehends his arrest in Ghora Sahan P.S. Case No.385 of 2018 registered under Sections 467, 468, 471, 420, 387, 504, 506 and 120(B) of the Indian Penal Code. The gist of the allegation that Radheshyam Lath (father-in-law of the informant) purchased 8 katha 3 door land of Khata No.211, Khesra No.242 through registered sale deeds dated 30.05.1956 and 26.04.1962 and since then the land is in possession of her son but Sudhakar Sharma, who is land broker, in connivance with other accused persons, sold the said land. The father of Sudhakar Sharma filed Title Suit No.220 of 1974 and Sudhakar Sharma lost that case. Second Appeal No.479 of 1993 filed by Sudhkar Sharma has also been dismissed, even
Patna High Court CR. MISC. No.28469 of 2019(2) dt.30-04-2019 2/2 then Sudhakar Sharma got fraudulent sale deed in existence. It is submitted that the petitioner is not the person, who executed the sale deed or the petitioner is not even a witness to the sale deed. The petitioner is said to have played role in execution of the sale deed but there is no material on record to show in any way the involvement of the petitioner in execution of the sale deed.
Having considered the facts that the petitioner is neither executant of the sale deed nor the beneficiary of the sale deed, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Motihari (East Champaran) in connection with Ghora Sahan P.S. Case No.385 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T