Lalan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45983 of 2019 Arising Out of PS. Case No.-193 Year-2018 Thana- PANAPUR District- Saran ====================================================== LALAN SAH Son of Rameswr Sah @ Rameshwar Prasad Resident of Village - Rasauli, P.S.- Mashrak, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2019 This application, for grant of anticipatory bail, arises out of Panapur P.S. Case No. 193/2018, disclosing offences under Sections 420, 406, 506/34 of the Indian Penal Code. Allegation as per F.I.R. is that the informant agreed to execute a conditional sale deed of 18 Katha and 18 Dhurki in favour of the petitioner on a consideration of Rs. Five Lakh on the condition that once he returns the amount, the petitioner shall return the land, for which, the informant and petitioner appeared in the Registry Office at Mashrak, where the petitioner in collusion with one Dineshwar Prasad, fraudulently got the absolute sale deed registered and thus cheated the informant. Submission of learned counsel for the petitioner is that out and out false and fabricated allegation has been levelled and in fact the informant and his mother has executed absolute

Patna High Court CR. MISC. No.45983 of 2019(2) dt.25-07-2019 2/2 sale deed in favour of the petitioner and since all of a sudden, the price of land increased, they came out with this false case. Further submission is that the learned Sessions Judge has also considered and found the case is purely of civil nature but in spite of that he has not granted anticipatory bail to the petitioner. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -IV, Saran, Chapra, in connection with Panapur P.S. Case No. 193/2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T