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Patna High CourtCR. MISC./44596/2022allowed

Sudhir Kumar v. The State Of Bihar

2023-04-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44596 of 2022 Arising Out of PS. Case No.-920 Year-2021 Thana- BIHTA District- Patna ====================================================== SUDHIR KUMAR SON OF HARI SHANKAR PRASAD RESIDENT OF VILLAGE- JAMALLUDDIN CHAK, POLICE STATION - KHAGAUL, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Ranjan Sinha, Adv.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 419, 420, 467, 468 and 34 IPC. As per the prosecution case, the informant and others executed a sale agreement of a land from one accused Nutam Sinha, who received Rs.61,00,000/- and the petitioner was a witness in the same. It is alleged that in order to grab the aforesaid amount, the said land was sold to other persons. 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. Petitioner was only a witness on the agreement for sale and he has not received any

Patna High Court CR. MISC. No.44596 of 2022(3) dt.07-04-2023 2/2 money from the informant. The money, in lieu of the land was given to the accused Nutan Sinha and Shubhra Singh and both of them have been granted anticipatory bail by a co-ordinate Bench of this Court. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event 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 Bihta (Neora O.P.) P.S. Case No.920 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T