Sudhakar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34416 of 2019 Arising Out of PS. Case No.-385 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== SUDHAKAR SHARMA S/o Late Balbhadra Sharam R/o Mohalla- Srikrishna Nagar Hospital Road, P.S.- Town Motihari District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 9.4.2019 in a case registered for the offences punishable under Sections 467,468,471,420,387,504,506 and 120B of the I.P.C. It is alleged against the petitioner that the petitioner fraudulently executed a sale deed with regard to the land of the informant.

It is submitted by learned counsel for the petitioner that earlier the father of the petitioner filed Title Suit No. 220/74 with regard to the same land and when he lost the said Title Suit, he filed First Appeal which subsequently also got dismissed, whereafter Second Appeal was filed and after abatement of the Second Appeal, the petitioner executed the sale deed. It is

Patna High Court CR. MISC. No.34416 of 2019(2) dt.27-05-2019 2/2 further submitted that the brother of the petitioner also fraudulently executed a sale deed with regard to the same part of land in question but he has been granted bail by the learned Court below.

Learned APP submits that there is specific accusation against the petitioner of fraudulently executing the sale deed with regard to the land of the informant.

Considering the accusation being levelled in the background of pending partition suit between the parties and the period in custody, coupled with the fact that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 385 of 2018.

(Dinesh Kumar Singh, J) anil/- U