Kedar Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16111 of 2018 Arising Out of PS.Case No. -2 Year- 2013 Thana - IMAMGANJ District- GAYA =====================================
1. Kedar Prasad, S/o Late halkhori Prasad, R/o Village- New Bazar, Kunj Gali, Sherghati, P.O. & P.S.- Sherghati, District- Gaya.
2. Satendra Prasad S/o Bishwanath Prasad, R/o villagePaluhara, P.O.- Paluhara, P.S.- Gurua, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-04-2018 The petitioners seek bail in anticipation of their arrest in connection with Imamganj P.S. Case No. 2 of 2013 dated 01.01.2013 instituted for the offences under Sections 467, 468, 469, 471, 472, 419, 420, 307, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The informant has alleged that some part of his family land has wrongly been sold and the same had been purchased by co-accused Madan Singh. It has further been alleged that the vendor of the land in question is shown to be one Ekramul Bari Khan.
The petitioners are said to be the deed writer and trainee deed writer respectively.
Patna High Court Cr.Misc. No.16111 of 2018 (2) dt.09-04-2018 2/2 Learned counsel for the petitioners has submitted that petitioners, as deed writers did not have any mechanism to know that the land did not belong to the vendor and that it has wrongly been sold. Only on being satisfied about the vendor and the vendee, as part of their professional obligations, the deed was prepared. No motive, it has been argued, can be attributed to the petitioners if the land was found to have been fraudulently sold and purchased by others.
Considering the aforesaid facts, the petitioners, above named, in the event of their arrest or surrender before learned Court below within a period of four weeks from today, are directed be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Sherghati, Gaya in connection with Imamganj P.S. Case No. 2 of 2013.
(Ashutosh Kumar, J) Shageer/- U T