Ajay Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67335 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Ajay Mehta Son of late Sita Ram Mehta Resident of Village: Sikhar, Police Station: Mofassil,District- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Chitranjan Sinha, Sr. Adv.

Mr. Kumar Dhirendra Pratap Singh, Adv.

For the State :

Mr. B.N. Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-12-2018 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with G.O. Case No. 38 of 2018 which has been registered for the offences punishable under Section 64 of the Indian Stamp Act and Section 82(1) of Indian Registration Act on the ground that petitioner suppressed some material facts and got executed a sale deed in respect of some lands.

Learned counsel appearing for the petitioner submits that Section 64 of the Indian Stamp Act is bailable and so far as

Patna High Court Cr.Misc. No.67335 of 2018(2) dt.03-12-2018 2/2 Section 82(1) of Indian Registration Act is concerned, the same is not applicable in the present case as the prosecution party only claimed that petitioner did not show the iron gate and boundary at the time of execution of sale deed. Learned counsel for the petitioner submits that moreover, fine has been imposed upon the petitioner under the provision of Indian Stamp Act against which the petitioner has preferred an appeal before the appropriate authority.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in G.O. Case No. 38 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T