Patna High CourtCR. MISC./60269/2018bail granted

Pavitra Paswan @ Pavit Paswan And ANR v. The State Of Bihar

2018-10-06Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.60269 of 2018 (3) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60269 of 2018 Arising Out of PS.Case No. -107 Year- 2015 Thana -SAMASTIPUR District- SAMASTIPUR ======================================================

1. Pavitra Paswan @ Pavit Paswan, son of Late Rupan Paswan,

2. Rajesh Paswan, Son of Gango Paswan, Both resident of Village Gangapur, P.S. Musarigharai, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sujit Kumar Singh For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 06.10.2018 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Samastipur Town P. S. case no. 107/2015 registered under sections 406, 420, 468 and 120B of the IPC. The accusation against the petitioners is that they got executed registered sale deed of the house and land of the informant.

Learned counsel for the petitioners submits that, as a matter of fact, the informant himself executed registered sale deed in favour of the petitioners after taking consideration money but subsequently, on the instigation of

Patna High Court Cr.Misc. No.60269 of 2018 (3) dt.06-10-2018 enemy of the petitioners, lodged this false case. He, further, submits that moreover, informant did not file any suit for cancellation of registered sale deed and unless registered sale deed is cancelled, it can not be said that the petitioners got executed the aforesaid registered sale deed by playing fraud upon the informant.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in Samastipur Town P. S. case no. 107/2015 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T