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Patna High CourtCR. MISC./19058/2015bail granted

Tega Pandey v. The State Of Bihar

2015-06-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19058 of 2015 Arising Out of PS.Case No. -33 Year- 2014 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Tega Pandey, Son of Late Bhagwan Pandey, Resident of Village- Sondhani, P.S.- Bhagwanpur Hat, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Adv. For the Opposite Party/s : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-06-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 467, 469, 471, 420, 421, 423, 424 and 120(B) of the Indian Penal Code. The allegation against the petitioner is that he got prepared a registered sale deed for transfer of land in his favour, said to have been executed by Prakhar, son of the informant by an act of impersonation.

Learned counsel for the petitioner submits that the sale deed was duly executed in favour the petitioner by the son of the informant Prakhar and the allegation made in the First Information report is purely of civil nature.

Patna High Court Cr.Misc. No.19058 of 2015 (3) dt.25-06-2015 2/2 Learned counsel appearing on behalf of the informant on the other hand has opposed the prayer for anticipatory bail and has contended that though the said Prakhar has been described to be the son of the informant, he in fact is not the son of the informant and in collusion, the accused persons have got created a sale deed with respect to the said land which, as a matter of fact, belongs to the informant.

In view of the nature of dispute and allegation, I do not find any reason for refusing the petitioner's prayer for grant of anticipatory bail and his application is accordingly allowed. Let the petitioner abovenamed, in the event of his arrest/surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Bhagwanpur Hat P.S. Case No. 33 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J.) Vats/- U T