Patna High CourtCR. MISC./42249/2017bail granted

Shambhu Yadav @ Shambhu Pd. Yadav v. The State Of Bihar

2017-09-21Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42249 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -CHANDAN District- BANKA ====================================================== Shambhu Yadav @ Shambhu Pd. Yadav Son of Sri Baleshwar Mahto, resident of Village- Kasai, Police Station- Chandan, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Chandan P.S. Case No.36 of 2017 for offences punishable under Sections 323, 341, 504, 506, 467, 468, 471, 406, 420, 409/34 of the Indian Penal Code.

The prosecution case by way of Complaint Case No. 483 of 2017 which was later on converted into P.S. case under Section 156 (3) of the Cr.P.C., is that the petitioner along with others with the connivance of the Halka Karamchari created a forged Jamabandi in the name of co-accused Baleshwar Mahto father of the petitioner.

Patna High Court Cr.Misc. No.42249 of 2017 (2) dt.21-09-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent and the petitioner has been implicated in four other cases of similar nature by the informant's side apart from that he has no other criminal antecedent. He submits that the matter relates to purely a civil dispute for which the petitioner is languishing in judicial custody since 21.07.2017 as for the said property right, title and interest has to be ascertained which can be decided in the civil proceedings. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Chief Judicial Magistrate, Banka in connection with Chandan P.S. Case No.36 of 2017.

(Nilu Agrawal, J) Devendra/- U T