Satyanarayan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56699 of 2022 Arising Out of PS. Case No.-250 Year-2021 Thana- GANDHIMAIDAN District- Patna ====================================================== SUDHIR KUMAR @ VEERA @ SUDHIR KUMAR SINGH S/o Late Ram Prvesh Singh R/o Village- Suitha, Ward no.-12, P.S.- Parsa Bazar, DisttPatna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53650 of 2022 Arising Out of PS. Case No.-250 Year-2021 Thana- GANDHIMAIDAN District- Patna ====================================================== SATYANARAYAN CHAUDHARY S/O SHRI WAKIL BAITHA Resident of 602/A Block, S.B. Residency near IGIMS, Sheikhpura, Bailey Road, P.S.- Shastri Nagar, District- Patna- 800014 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 56699 of 2022) For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Binod Kumar (In CRIMINAL MISCELLANEOUS No. 53650 of 2022) For the Petitioner/s :

Mr.Y.V.Giri, Sr.Adv.

Ms.Riya Giri, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 8.

14-07-2023 Both the aforesaid cases arise out of same police station case number and as such, both cases were taken up together for consideration of prayer for anticipatory bail.

2. Heard learned counsel for the parties.

3. The petitioners (in both cases) apprehend their

2/4 arrest in a case registered for the offence under Sections 420, 467, 468, 471, 120, 34 of the Indian Penal Code.

4. As per the prosecution case, the informant Indu Devi entered into an agreement with Sudhir Kumar @ Veera (petitioner in Cr.Misc. No. 56699/2022) for sale of 11 decimal of her ancestral land at the rate of Rs. 5 lacs per kattha and it is alleged that this petitioner (Sudhir Kumar @ Veera) gave Rs. 6 lacs to the informant and asked her to execute sale deed for only 4.6875 decimal of the aforesaid land in favour of co-accused Vinod Singh and Mukesh Kumar assuring her to give Rs. 1.5 lacs at the time of registration of land. It is further alleged that at the time of registration in the registry office, the informant came to know that in place of plot no. 561, in the sale-deed, plot no.

581 was mentioned, but on the assurance of accused persons that it will be corrected, the informant gave her thumb impression and photograph on the sale-deed without receiving rest sum of Rs. 1.5 lacs from the accused persons. Then, informant was told that registration of the land could not be possible on that day. Subsequently, on 13.03.2021, the informant came to know that the accused persons in connivance with Registrar namely Satya Narayan Choudhary (petitioner in Cr.Misc. No.

3/4 have fraudulently got sale deed of her entire land i.e. 112.75 decimals, having value of Rs. 2,07,47,000/- including the land of plot no. 561 was registered in favour of co-accused Vinod Singh and Mukesh Kumar.

5. It is submitted on behalf of petitioners that petitioners are neither vendor nor purchaser of the alleged land. Sudhir Kumar @ Veera (petitioner in Cr.Misc. No. 56699/2022) is only alleged to be middle man, whereas Satya Narayan Choudhary (petitioner in Cr.Misc. No. 53650/2022) is SubRegistrar of the Registry Office. Moreover, the dispute is purely of a civil nature.

6. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the bail petitions.

7. Considering the aforesaid facts and circumstances, let Sudhir Kumar @ Veera (petitioner in Cr.Misc. No. 56699/2022) and Satya Narayan Choudhary (petitioner in Cr.Misc. No. 53650/2022), in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - XIV, Patna / concerned court in connection with Gandhi Maidan P.S. Case No. 250 of 2021, subject to

4/4 condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T