Patna High CourtCR. MISC./32224/2014bail granted

Md. Shahnawaj @ Mohammad Shahnawaj v. The State Of Bihar

2015-02-06Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.32224 of 2014 (2) dt.06-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32224 of 2014 Arising Out of PS.Case No. -645 Year- 2013 Thana -MUZAFFARPUR CITY DistrictMUZAFFARPUR ======================================================

1. Md. Shahnawaj @ Mohammad Shahnawaj Son of Md. Maniruddin .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Town P.S. Case No. 645 of 2013 registered for the offences punishable under Sections 406, 420, 120B of the Indian Penal Code and Section 82 of the Indian Registration Act read with Section 64 of the Indian Stamp Act.

Petitioner is said to have purchased certain lands through two registered sale deeds but he made less valuation of the aforesaid lands and paid less court fee on the above stated valuation causing loss to the government.

The contention on behalf of the petitioner is that no case under Sections 406, 420, 120B of the Indian Penal Code is

Patna High Court Cr.Misc. No.32224 of 2014 (2) dt.06-02-2015 made out and so far as deficit fee is concerned, the concerned authority may take legal recourse in accordance with Registration Act.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Town P.S. Case No. 645 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T