Sukhdeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34364 of 2020 Arising Out of PS. Case No.-45 Year-2015 Thana- SIGAUDI District- Patna ====================================================== 1.

SUKHDEO KUMAR SON OF BABAN SAW RESIDENT OF VILLAGE - NARAULI, P.S. - SIGORI, DISTRICT - PATNA 2.

ANITA KUMARI WIFE OF RAJENDRA KUMAR RESIDENT OF VILLAGE - NARAULI, P.S. - SIGORI, DISTRICT - PATNA 3.

ABHISHEK KUMAR SON OF RAM PAYARE SAW RESIDENT OF VILLAGE - NARAULI, P.S. - SIGORI, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sigori P.S. Case no. 45 of 2015 instituted for the offence under Sections 406, 409, 420, 465, 467, 468 and 477A/34 of the Indian Penal Code.

The informant alleged that an enquiry was held and it

Patna High Court CR. MISC. No.34364 of 2020(4) dt.25-01-2022 2/3 was found that Sigori PACS purchased paddy from the petitioners farmers on the basis of fake rent receipts of land and the Circle Officer, Paliganj issued enforcement order without verification of the rent receipts which caused huge loss to the Government money.

Learned counsel appearing on behalf of the petitioner has submitted that petitioners are innocent and have been falsely implicated in this case. Petitioners are farmers and they paid revenue of their lands and the Revenue Clerk issued rent receipts in the names of petitioners and if the rent receipts are forged the petitioners cannot be held responsible for issuance of forged rent receipts. Some of the co-accused have already been allowed anticipatory bail vide order dated 18.3.2021 passed in Cr. Misc. No. 35047 of 2020.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sigori P.S. Case no. 45 of 2015,

Patna High Court CR. MISC. No.34364 of 2020(4) dt.25-01-2022 3/3 they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Danapur, District- Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U