Raju Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32394 of 2020 Arising Out of PS. Case No.-751 Year-2019 Thana- GARKHA District- Saran ============================================== 1.

RAJU SHARMA S/o Rajgrih Sharma Resident of Village-Paharpur, Police Station-Garkha, District-Saran (Chapra).

2.

Vijay Kumar S/o Nageshwar Prasad Resident of Village-Paharpur, Police Station-Garkha, District-Saran (Chapra).

3.

Krishna Sharma S/o Kapildeo Sharma Resident of Village-Itahiya, Police Station-Khaira, District-Saran (Chapra).

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Bashishtha Narayan Mishra For the Opposite Party/s :

Mr. Ashok Kumar ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-02-2021 Heard Mr. Bashishtha Narayan Mishra, learned counsel for the petitioners and Mr. Ashok Kumar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Garkha P.S. Case No. 751 of 2019 instituted for the offence under Sections 406, 467, 468, 471, 420 and 120(B) of the Indian Penal Code. A complaint gave rise to the subject F.I.R., in which it has been alleged that the informant had given her

Patna High Court CR. MISC. No.32394 of 2020(2) dt.09-02-2021 2/3 signature for preparation of ration card but that was converted into a conveyance deed. The petitioner no. 1 is the vendee, whereas the petitioner nos. 2 and 3 are the witnesses to the sale deed. The accusation, therefore, is that the complainant / informant has been duped by the petitioners.

Learned counsel for the petitioners has submitted that with respect to the same plot of land which is said to have been conveyed to petitioner no. 1, a title suit has been filed by the complainant / informant. It has further been submitted that petitioner no. 1 had purchased the land in question after paying the consideration amount but because of some ulterior motive, the present complaint has been lodged.

Considering the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

Patna High Court CR. MISC. No.32394 of 2020(2) dt.09-02-2021 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -XIV, Chapra, District - Saran, in connection with Garkha P.S. Case No. 751 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T