Basant Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16952 of 2018 Arising Out of PS. Case No.-16 Year-2014 Thana- HAJIPUR District- Vaishali ====================================================== Basant Kumar Sharma, Son of Kedar Sharma, Resident of Akbar Malahi, P.S.- Sarai, District- Vaishali.
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma For the Opposite Party/s :
Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Hajipur Town P. S. Case No. 16 of 2014 registered for the offences punishable under Sections 467, 468, 420 and 120B/34 of the Indian Penal Code.
Allegedly, the petitioner and co-accused executed the sale deed for Rs. 2,50,000/- to Krishan Mohan Sharma @ Dablu Prasad with respect to the land of the complainant and Ramanand Sharma who have been made as witnesses. Submission is of false implication and that this case is purely of civil nature, Partition Suit No. 918 of 2003 in the court of learned Sub-Judge VIII, Vaishali at Hajipur is going on between the ancestor of the informant and petitioner's father and only with a view to put pressure to compromise the Partition
Patna High Court Cr.Misc. No.16952 of 2018(2) dt.05-04-2018 2/2 Suit No. 918 of 2003 the complaint case was filed giving rise to this case and as such the petitioner deserves sympathetic consideration.
Learned APP opposes the prayer of pre-arrest bail of the petitioner.
In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P. S. Case No. 16 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T