Deepak Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71726 of 2018 Arising Out of PS. Case No.-343 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Deepak Kumar Das S/o Late Birendra Kumar Das, resident of VillageVikramsheela Nagar, P.S. Kahalgaon, District- Bhagalpur. At present- Upper Division Clerk, At Registry Office, Motihari, East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 406, 467, 468, 471, 472 and 120B/34 of the Indian Penal Code. The prosecution case as per the written report of Usha Srivastava dated 08.06.2018 submitted to the Station House Officer of Motihari Town Police Station is to the effect that on 08.03.2018 at 11.00 A.M. six mamed accused persons including the petitioner got the mother of the informant hospitalized and after administering her some sedative, fraudulently obtained the thumb impression of her mother and got the sale deed executed

Patna High Court Cr.Misc. No.71726 of 2018(2) dt.19-12-2018 2/3 with regard to the land appertaining to Khata No. 76, Plot No. 605 under conspiracy.

It is submitted by learned counsel for the petitioner that he is a Government servant, who was deputed by the SubRegistrar for executing the sale deed since the mother of the informant hospitalized. The petitioner is not a beneficiary. It is further submitted that the thrust of accusation is against the others. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the submits that the petitioner has also connived with other accused persons.

Considering the thrust of accusation against the beneficiaries of the sale deed coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Town P.S. Case No.

Patna High Court Cr.Misc. No.71726 of 2018(2) dt.19-12-2018 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T