Patna High CourtCR. MISC./67182/2018bail granted

Akhileshwar Sah v. The State Of Bihar

2018-12-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67182 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- NAUHATTA District- Saharsa ====================================================== Akhileshwar Sah, son of Tap Kishor Narayan Sah @ Chhedi Sah, Resident of Village- Islampur, P.S.- Nauhatta, Dist- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Nauhatta P.S. No.08 of 2018 registered under Sections 147, 148, 149, 341, 342, 323, 406, 420, 467, 468 and 120B of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the petitioner is neither purchaser nor the seller of the plot in question. The only allegation against him is that he was witness to the sale deed, which was executed in 2009 and the case has been instituted on 18.01.2018 alleging that on 29.12.2009 Urmila Devi @ Urya Devi had sold the informant's land in favour of one Umda Devi wife of Ramphal Sah. He further contended that the dispute is of civil nature and the

Patna High Court Cr.Misc. No.67182 of 2018(2) dt.17-12-2018 2/2 vendor Urmila Devi had right, title and interest over the land prior to sale of plot in question.

Be that as it may, considering the nature of allegation, in the event of arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Nauhatta P.S. Case No.08 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md. S/-Sanjeev U T