Patna High CourtCR. MISC./38940/2024bail granted

Devendra Prasad v. The State Of Bihar

2024-09-30Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38940 of 2024 Arising Out of PS. Case No.-70 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Devendra Prasad S/O LATE CHANDESHWAR PRASAD R/O VILLAGENAHUB, P.S.- RAJGIR, DIST-Nalada ... ... Petitioner/s

Versus

The State of Bihar 2.

PRAKASH KUMAR S/O LATE RAMJI PRASAD R/O PANCHWATI NAGAR, P.S.- RAJGIR, DIST- NALANDA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rajgir P.S. Case No. 70 of 2023 registered for the offence punishable under Sections419, 420, 406, 467, 468, 471, 341, 323, 506/34 of the Indian Penal Code.

3. Allegation against the petitioner including the coaccused persons named in the complaint is to impersonate Indu Devi and to cheat Rs. 6,25,000/- from the informant by selling the land on the basis of fake papers under a conspiracy of all.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated

Patna High Court CR. MISC. No.38940 of 2024(5) dt.30-09-2024 2/2 in this case. The petitioner is neither the vendor nor the vendee and he is only the identifier. He has also submitted that after purchase of land, the mutation in favour of wife of the informant has taken place in the revenue records and after 12 years of the execution of sale deeds, the present case has been lodged. The petitioner is under custody since 17-03-2024.

5. On the otherhand, Mr. J. N. Thakur, learned APP for the State has opposed the prayer for bail.

6. Notice was issued to opposite party No. 2 and the same was received by son of opposite party No. 2 but none appears on his behalf.

7. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Rajgir P.S. Case No. 70 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T