Satyendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38304 of 2020 Arising Out of PS. Case No.-222 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== SATYENDRA SHARMA SON OF HANSHANAD SHARMA RESIDENT OF VILLAGE- SAPAHI, P.S.- TURKAULIA, DISTRICT- EAST CHAMPARAN AT MOTIHARI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar, Adv.
For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2022 Heard the parties through virtual court proceedings. The petitioner apprehends his arrest in a case in connection with Sugauli P.S. Case No.222/2019, arising out of G.R. No.4057/2019, registered for the offence punishable under Sections 406, 420, 467, 468 and 471/34 of the IPC. The allegation against the petitioner is that he along with one Tulsi Thakur got registered sale deeds in their favour, which was executed by Vinay Kumar Shingh in place of original Riyat Bipin Singh and on the basis of aforesaid sale deeds, the lands have been mutated and L.P.C. was granted and on the basis of said paper, petitioner and Tulsi Thakur have obtained payment of Rs.38,40,000/- of 48 decimal land. It is further alleged that the petitioner with the help of the officials of Circle Officer,
Patna High Court CR. MISC. No.38304 of 2020(5) dt.17-01-2022 2/3 Sugauli created Jamabandi and issued L.P.C. on the basis of forged and fabricated sale deeds.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to village politics. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The petitioner is the bonafide purchaser of the land from Binay Kumar Thakur after payment of consideration amount, which is his Khatiyani land and said land was under his possession. Petitioner has no criminal antecedent and the similarly situated co-accused, namely Tulsi Thakur has been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No.67196 of 2019 dated 06.12.2019 and the Officer/Karamchari namely Bipin Bihari Shukla has been enlarged on bail by a co-ordinate Bench of this court vide order dated 04.12.2019 passed in Cr. Misc. No.60973 of 2019.
Learned counsel for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since similarly situated co-accused has been enlarged on bail, let the above named petitioner also, be released on bail, in the event
Patna High Court CR. MISC. No.38304 of 2020(5) dt.17-01-2022 3/3 of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sugauli P.S. Case No.222/2019, arising out of G.R. No.4057/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T