Satya Narayan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47551 of 2023 Arising Out of PS. Case No.-63 Year-2020 Thana- ALOULI District- Khagaria ====================================================== Satya Narayan Jha, Son of Nand Kishore Jha, Resident of Village- Pinjhari, P.S.- Barbigha, Dist- Sheikhpura ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :
Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Alauli P.S. Case No. 63 of 2020 registered for the offences punishable under Sections 409, 420, 467, 468/34 of the Indian Penal Code. He has got no criminal antecedent.
3. As per the prosecution story, on 24.02.2020 the informant of the case alleged that the Revenue Clerks who are working presently at Beldaur Circle, namely, Satya Narayn Jha (petitioner) and Kallash Rajak posted at Chautham Circle have illegally issued rent receipts of the land of one Chandan Thakur. It is further alleged that in the year 2001, a Bandobasti Case No. 7/2001-02 was instituted in which Parwana was granted to said Chandan Thakur under the seal and signature of the then S.D.O.
Patna High Court CR. MISC. No.47551 of 2023(2) dt.11-08-2023 2/3 and the D.C.L.R., Khagaria as well as the Circle Officer, Alauli.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner was not posted at Alouli block during the period 2001-02 when the zamabandi was granted in favour of the said Chandan Thakur. It is further submission of learned counsel that the petitioner came to the said block on transfer only on 30.06.2009 whereafter he had issued the rent receipts on the basis of the previous rent receipts.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the facts and circumstances of the case, the submission being that this petitioner was not posted at Alauli block during the period 2001-02 when the zamabandi was granted in favour of the said Chandan Thakur and the petitioner came to the said block on transfer only on 30.06.2009 whereafter he had issued the rent receipts on the basis of the previous rent receipts, in the nature of the submissions and the materials placed before this Court, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Alauli P.S. Case No. 63 of 2020 on furnishing
Patna High Court CR. MISC. No.47551 of 2023(2) dt.11-08-2023 3/3 bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name ofverification.
8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T