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Patna High CourtCR. MISC./5029/2016bail granted

Ashok Singh v. The State Of Bihar

2016-02-19Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5029 of 2016 Arising Out of PS.Case No. -816 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Ashok Singh S/o Late Sukhdeo Bhagat, Resident of Village - Bariarpur, P.S. and District - Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 406/ 419/420/467/468/471/34 of the Indian Penal Code. Learned counsel for the petitioner submits that out and out false allegation has been alleged against the petitioner and one Jai Prakash who are both said to be Director of a Company known as J.A. Industry. The allegation against both these persons is that he fraudulently got a piece of land registered in the name of the Company by setting up a false executor, namely, Jagga Raut in place of one Dukhiya Das. On the basis of such fraudulent lease deed, the petitioner also got a loan sanctioned in their favour from the Rajopatti Sitamarhi branch of Union Bank of India to the tune

Patna High Court Cr.Misc. No.5029 of 2016 (2) dt.19-02-2016 P2/3 of Rs. 2.5 crores. He further submits that it is surprisingly enough neither the person whose land has been registered fraudulently nor the bank which has given the loan has raised any objection against the petitioners, rather it is the Officer-in-Charge who had been investigating murder of one journalist, under a conspiracy with certain forces enemical to the petitioner, has come forward to lodge the present case. He further submits that a similar application for grant of anticipatory bail was filed by his partner Jai Prakash and this Court after considering all the facts and circumstances has been pleased to extend the privilege of anticipatory bail to the petitioner in Cr. Misc .No. 57271 of 2015 vide order dated 13.01.2016.

He submits that the petitioner's case stands on an identical footing and so far as the antecedent of the petitioner is concerned, he submits that after being named in the present case, the petitioner's name has also been drawn in the case of murder of the journalist and in another case under the Arms Act in which an Air Gun was allegedly recovered from his premises.

Patna High Court Cr.Misc. No.5029 of 2016 (2) dt.19-02-2016 P3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 816 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T