Damodar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30565 of 2022 Arising Out of PS. Case No.-969 Year-2019 Thana- SAHARSA SADAR District- Saharsa ====================================================== DAMODAR JHA S/o Late Guneshwar Jha R/o village- Patuaha, P.S.- Saharsa Sadar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 468 and 471/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has antecedent of one case.

The informant alleges that his ancestral land was sold by the petitioner through a registered sale deed dated 24.05.2021 by committing forgery.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case as from the FIR itself it is evident that the sale deed was executed in the

Patna High Court CR. MISC. No.30565 of 2022(2) dt.20-09-2022 2/2 year 2001 and the present FIR came to be instituted in the year 2019 i.e. more than 18 years of the occurrence. He further submits that even what has been alleged is true then it is a civil offence for which the informant has remedy available in law. He next submits that if what has been alleged is true that the ancestral land of the informant has been sold by the petitioner fraudulently then the informant has remedy of getting the sale deed cancelled. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Saharsa Sadar P.S. Case No. 969 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T