Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53188 of 2023 Arising Out of PS. Case No.-1526 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== SANTOSH KUMAR S/O LATE RAMCHANDRA SINGH @ LATE RAMCHANDAR SINGH R/O VILLAGE- KORJI MAHAMMADPUR, P.SPHULWARISHARIF, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prasad, Adv.

For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 406, 420, 466, 468, 323, 324, 326, 379, 380, 387, 452/34 of the IPC.

3.

Allegedly, the petitioner is said to have mutated the land of the informant in his name by making false and fabricated document.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.53188 of 2023(2) dt.25-08-2023 2/2 omnibus in nature. It is submitted that the petitioner is the purchaser of the said land and he purchased the same from the wife and the daughter of the informant after paying Rs.7,74,000/-. After the purchase, the aforesaid land has been mutated in his name in the Government sirista with respect to the said land purchased through registered sale deed dated 11.03.2022. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the petitioner is the purchaser and there is no specific overt act against him, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Phulwarisharif P.S. Case No.1526/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T