Raj Kishore Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36230 of 2020 Arising Out of PS. Case No.-152 Year-2015 Thana- DHAKA District- East Champaran ====================================================== RAJ KISHORE THAKUR SON OF LATE BHABHIKHAN THAKUR RESIDENT OF VILLAGE - MISSROULIA, POLICE STATION - CHIRAIYA, DISTRICT - EAST CHAMPARAN ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-02-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Dhaka P.S. Case No. 152 of 2015, registered for the offence punishable under Sections 406, 420, 467, 468, 471, 195(B), 120(B), 379 of the Indian Penal Code.

A complaint petition filed by the complainant is the basis for registration of the First Information Report under Section 156(3) of the Code of Criminal Procedure. It is alleged against the petitioner that though he did not have any right, title or interest in respect of land, which belonged to Missroulia Math, the petitioner executed registered sale deeds on 23.03.2015 in favour of other persons, who are named in the First Information Report.

Mr. Dhananjay Kumar, learned counsel appearing

Patna High Court CR. MISC. No.36230 of 2020(2) dt.03-02-2021 2/2 on behalf of the petitioner, referring to the complaint petition, has submitted that the petitioner himself had complained to the police that his signatures were obtained on the said sale deeds fraudulently under the state of intoxication. He has submitted that no offence under Sections 467, 468 and 471 or for that matter 406 or 420 of the Indian Penal Code is made out on the basis of allegation made in the complaint petition in absence of any specific allegation of misappropriation or wrongful gain. The petitioner has no criminal antecedent as stated in paragraph 3 of the application. He is in custody since 25.06.2020.

Considering the nature of accusation against the petitioner and the submissions advanced on his behalf, this application is allowed.

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 C.J.M., Motihari, in Dhaka P.S. Case No. 152 of 2015. (Chakradhari Sharan Singh, J) Pawan/- U T