Patna High CourtCR. MISC./61154/2024bail granted

Dinesh Prasad Saha @ Dinesh Pd. Sah v. The State Of Bihar

2024-09-18Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61154 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- Sahayak Khajanchi District- Purnia ====================================================== Dinesh Prasad Saha @ Dinesh Pd. Sah ,Son of Ramchandra Prasad Saha R/OHouse No. 26, New Colony, Near Saraswati Bal Vidyaly Ward No. 08, P.O.- Saharsa, P.S.- Saharsa, Distt.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Mr. Tauqeer Azhar, Advocate Mr. Reyaj, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-09-2024

1. Heard learned senior counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sahayak Khajanchi Hat P.S. Case No. 30 of 2024 dated 01.04.2024 registered for the offence(s) punishable under Section(s) 406, 420, 467, 468, 471 read with Section 34 of the Indian Penal Code.

3. Mr. Y.C. Verma, learned senior counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only because he is the purchaser on the valuable consideration and has not committed any offence as alleged in the FIR and allegation made in the FIR

Patna High Court CR. MISC. No.61154 of 2024(2) dt.18-09-2024 2/3 by the informant is of civil nature and it is connected with the land dispute which is running in between both the parties and further it is submitted that the petitioner had no knowledge about any manipulation regarding the aforesaid land. He further submits that the petitioner is a senior citizen aged about 62 years, practicing as Homeopathic doctor having no criminal antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Heard both the sides and perused the FIR. As per the allegation, co-accused, Govind Swarnkar who happens to be own brother of the informant allegedly sold the informant's share in the land in question to this petitioner through the registered sale deed. Petitioner is admittedly purchaser of the said land and he has fair and clean antecedent and as per the statement made in paragraph no. 10 of the petition, he is a senior citizen aged about 62 years and also practicing as Homeopathic doctor. Considering these facts as well as the nature of allegation and also, the above submissions, this court is inclined to accept the petitioner's anticipatory bail prayer. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period

Patna High Court CR. MISC. No.61154 of 2024(2) dt.18-09-2024 3/3 of six weeks from today, be released on anticipatory bail in connection with Sahayak Khajanchi Hat P.S. Case No. 30 of 2024 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T