Sanjiv Kumar @ Dori Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52549 of 2022 Arising Out of PS. Case No.-327 Year-2021 Thana- GOPALPUR District- Patna ====================================================== SANJIV KUMAR @ DORI MUKHIYA Son of Shiv Pujan Singh Resident of Village - Udaini, P.s.- Gopalpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420/34 and 506 of the Indian Penal Code and Section 138 of N.I. Act pending in the learned court below.

The accused-petitioner along with co-accused persons had taken money from the informant for the sake of selling and doing registry of 6 katthas and 10 dhurs of land in the name of the informant by showing fake documents, sale deed and receipts, which the informant came to know later. Thereafter, the present case is lodged by the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is ready to return Rs.7,65,000/- to the informant in seven installments. He further

Patna High Court CR. MISC. No.52549 of 2022(5) dt.02-05-2023 2/2 submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances considering the fact that learned counsel for the petitioner submits before the Bench that the petitioner is ready to return the said amount of Rs.7,65,000/- to the informant, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on provisional anticipatory bail for a period of nine months, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Gopalpur P.S. Case No.327/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be confirmed by the learned Court below after verifying the fact that the said amount of Rs.7,65,000/- has been paid to the informant. (Anjani Kumar Sharan, J) ajay/- U T