Satyjeet Prasad Sinha @ Satyajeet Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35943 of 2023 Arising Out of PS. Case No.-304 Year-2020 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== 1.

Satyjeet Prasad Sinha @ Satyajeet Sinha Son of Late Shiv Lal Sinha Resident of village - Jogadi, P.S. - Salaiya, Distt. - Aurangabad, Bihar 2.

Vilash Yadav @ Bilash Yadav Son of Late Dwarika Yadav Resident of village - Jogadi, P.S. - Salaiya, Distt. - Aurangabad, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Doman Bhagat Son of Late Ramdhani Bhagat Resident of village - Jogadi, P.S. - Salaiya, Distt. - Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumari Chandna, Advocate.

For the Opposite Party/s :

Mr. Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-01-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Complaint Case No. 304 of 2020 registered for the offence punishable u/ss 420, 467, 468, 120B read with34 of the Indian Penal Code.

4. As per the prosecution case,the petitioner no.1

Patna High Court CR. MISC. No.35943 of 2023(9) dt.23-01-2024 2/3 fraudulently sold the land of the complainant appertaining to Khata No. 93, Plot No. 12, area 4 decimals situated at village Jogadi, P.S. Salaiya, District Aurangabad in favour of petitioner no.2 through a registered sale deed.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that it is a case of civil. Learned counsel has further submitted that in Court of L.R.D.C. Aurangabad a Case No. 124 of 2018-19 (Doman Bhagat vs. Satyajeet Sinha & Ors) was filed by the complainant which was disposed of in favour of petitioners against the complainant. It is further submitted that Title Suit No. 81 of 2020 (Doman Bhagat vs. Satyajeet Singh and Ors) is pending in the court of Munsif, Aurangabad. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners. 7.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in

Patna High Court CR. MISC. No.35943 of 2023(9) dt.23-01-2024 3/3 the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad (Bihar) in connection with Complaint Case No. 304 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with further condition:

(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. This application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T