Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48975 of 2024 Arising Out of PS. Case No.-165 Year-2022 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Sunil Sah S/O Late Paras Sah R/O Village- Budhuan, P.S- Akorhigola, Distt.- Rohtas (Bihar).

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Santosh Kumar S/O Jamindar Singh R/O Vill- Makraeen, P.SDalmiyanagar, Distt.- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, A.P.P.

Mr. Mithilesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner, O.P. No. 2 and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code.

3. Prosecution case, in brief, is that one agreement of sale was signed between the complainant and co-accused Sunil Kumar Singh for a piece of land and pursuant to the agreement, payment was made on different dates vide cheque to co-accused Sunil Kumar Singh. It is further alleged that on 01.11.2022, sale deed was executed by impersonating other person in place of land owner and his son.

Patna High Court CR. MISC. No.48975 of 2024(2) dt.27-08-2024 2/2

4. Learned counsel for the petitioner submits that petitioner is only alleged to be the identifier. Petitioner is neither purchaser nor seller of the land in question and specific accusation of receiving the money is against co-accused Sunil Kumar Singh.

5. Learned A.P.P. for the State as well as learned counsel for the complainant vehemently opposed the bail application.

6. Considering the facts and circumstances of the case and nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas, Sasaram connection with Complaint Case No. 165 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T