Bhushan Prasad @ Bhushan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51280 of 2022 Arising Out of PS. Case No.-335 Year-2019 Thana- SOHSARAI District- Nalanda ====================================================== Bhushan Prasad @ Bhushan Mahto Son Of Dwarika Mahto R/O MohallaAshanagar, P.S.- Sohsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 406, 420, 120(B)/34 of the Indian Penal Code. The prosecution case as per F.I.R is that the informant entered into an agreement for purchase of a land from the petitioner and his wife Nirmala Devi for a total consideration amount of Rs. 32,50,000/- and they executed a deed of agreement in favour of the informant after receiving Rs. 18,72,000/-. However, after receiving the amount, Nirmala Devi executed registered sale deed

Patna High Court CR. MISC. No.51280 of 2022(3) dt.14-02-2023 2/3 in favour of her Dewars namely Shrawan Kumar and Dharmendra Kumar and misappropriated the amount of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner has not received any amount from the informant. In fact, the son of the petitioner namely Maharaja Kumar in collusion with informant had forcibly taken the signature of the petitioner and his wife on plain paper and converted the said paper into an agreement of deed. Moreover, the son of the petitioner Maharaja Kumar has already given the consideration amount to the informant. The petitioner is languishing in custody since 26.04.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.51280 of 2022(3) dt.14-02-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Sohsarai P.S. Case No. 335 of 2019.

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