Madan Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16880 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Madan Sharma, son of Late Banshi Sharma, Resident of VillageMohchhi Sughar, P.S.- Gopalpur.

2. Sudhir Kumar @ Sudhir Kumar Prasad, S/o Late Ramkhelawan Prasad, Resident of Village- Gidha, P.S.- Chanpatiya, Both in district- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Kumar Singh For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Bettiah Town P.S. Case No. 13 of 2017 (arising out of Complaint Case No. 59C of 2017), registered for offences punishable under Sectionss 420, 467, 468, 471 and 120B of the Indian Penal Code.

As per the FIR, the petitioners are only witnesses in the sale deed executed by some other person and as such, it is submitted on behalf of the petitioners that no case is made out under Sections 467, 468 and other Sections of the Indian Penal Code against the petitioners. It has also been submitted that the

Patna High Court Cr.Misc. No.16880 of 2017 (2) dt.20-04-2017 2/3 petitioners have no concern with the aforesaid land or the sale deed executed by other co-accused person.

Heard learned A.P.P. also.

Having heard both sides and in view of the above facts and circumstances, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Chamaran in connection with Bettiah Town P.S. Case No. 13 of 2017 (arising out of Complaint Case No. 59C of 2017), subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bonds.

Patna High Court Cr.Misc. No.16880 of 2017 (2) dt.20-04-2017 3/3 With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) S.Pandey/- U T