Pankaj Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56237 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Pankaj Kumar Choudhary Son Of Jawahar Choudhari Resident Of Village - Fateha, P.O. - Fateha, P.S. - Bachwara, Distt. - Begusarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Rajdeep For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 468, 420, 427 and 34 of the IPC.

3. The prosecution case in short, is that, the informant was ready to sell 19 kathas of land and this petitioner is ready to purchase the land at Rs. 2,50,000/-. He further alleged that half amount deposited earlier and half amount given at the Registry of land. Both conditions agreed to the petitioner. The petitioner prepared kewala document and filed in registry office and he did not want to deposit half amount rather he wanted to execute kewala without payment of half amount. It is also alleged that petitioner committed forgery with the informant by way of

Patna High Court CR. MISC. No.56237 of 2023(3) dt.18-09-2023 2/3 preparing forged documents.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The occurrence took place in the year 2007 for which the present case has been filed on 15.01.2023. The petitioner has not prepared any forged documents. It is further submitted from para-8 of this petition that the Registrar issued notices to the informant to appear but he failed to appear. Thereafter, public notice was issued in the News Paper for appearance of the informant but he again failed to appear before the Registrar, Begusarai and ultimately the Registrar ordered for completing the formalities of execution of sale deed because despite receipt of entire money and execution of sale deed, the informant failed to appear and accept the sale. Further, the land has been mutated in the name of this petitioner and for the same, he is paying rent also. The nature of this case is civil. Moreover, the petitioner is languishing in judicial custody since 13.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as

Patna High Court CR. MISC. No.56237 of 2023(3) dt.18-09-2023 3/3 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bachhwara P.S. Case No. 13 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai.

(Sunil Kumar Panwar, J) Shubham/- U T