Sanjay Kumar Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40664 of 2019 Arising Out of PS. Case No.-670 Year-2015 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SANJAY KUMAR SRIVASTAVA Son of Late Jogendra Prasad Resident of Shiv Mandir Lane, Mohalla-Miscot, P.S.-Town Motihari, District-East Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sampurnanand Son of Shayamsundar Resident of Mohalla-Hanuman Gadhi, P.S.-Town Motihari, District-East Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Anis Akhtar For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. C-670/2015, disclosing offences under Sections 420/34 and 120(B) of the Indian Penal Code. Complaint petition disclosed that co-accused persons came to the house of complainant and made proposal to sell two katha of land and on enquiry, they told that the land in question belonged to the sister of accused no.1 and as she was ill and pardanasheen lady, he was authorized to sell the land, on which, the complainant paid entire consideration amount of Rs. 11,02,000/- and accordingly, the deed was got registered in favour of complainant, however, when the police came to the house of petitioner in a case filed by the said sister of accused no. 1, Kaima Khatoon against the purchaser with respect to the aforesaid land, complainant came to
Patna High Court CR. MISC. No.40664 of 2019(2) dt.02-07-2019 2/2 know that he has been cheated by the accused persons. Petitioner happens to be a deed writer.
Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and even according to complaint petition, he is only a deed writer and has no role to play in the transaction between the complainant and co-accused of this case. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Complaint Case No. C670/2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T