Sudama Raut @ Sudama Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49212 of 2024 Arising Out of PS. Case No.-511 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Sudama Raut @ Sudama Patel S/o- Late Sunar Raut Village- Katgenwa PsNakardei Adapur Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rambabu Patel son of Late Motilal Patel Village- Katgenwa Ps- Nakardei Adapur Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Complaint Case No. 511 of 2022 dated 14.12.2022, instituted for the offence punishable under Sections 420, 468, 323, 504, 506/34 of the Indian Penal Code.

3. As per the allegations in the F.I.R., on 20.07.2021, co-accused Santlal sold 10 dhurs land of the informant to Bachchi Devi. It is further alleged that from the same plot of the informant, Santlal sold 12 dhurs land to the petitioner. It is alleged that by making forged and fraudulent sale deed, the accused persons including the petitioner sold and purchased the

Patna High Court CR. MISC. No.49212 of 2024(2) dt.19-07-2024 2/3 land of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner has not cheated the informant. The petitioner is the bonafide purchaser of the said land. Learned counsel for the petitioner submits that the present case is civil in nature. Learned counsel for the petitioner submits that the co-accused Santlal Patel and the complainant are descendants of one Tapsi Raut and Santlal Patel has sold the land of his own share and Title Suit No. 765 of 2022 is going on between both the parties. Lastly, it has been submitted that the petitioner is in custody since 23.04.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has vehemently opposed the prayer for bail of the petitioner stating that the petitioner, under conspiracy, purchased the land of the informant from the co-accused Santlal and cheated the informant.

6. Having considered the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of the case which is purely civil in nature, let the petitioner be released on bail upon furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.49212 of 2024(2) dt.19-07-2024 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Complaint Case No. 511 of 2022.

(Khatim Reza, J) premchand/- U T