Umendra Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60346 of 2023 Arising Out of PS. Case No.-154 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Umendra Saw, aged about 66 years (Male), son of late Lalkishore Saw, resident of village- Baharkurwa Bishunpur, PS- Amas, Distt- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sateyendra Saw, son of late Lalkishore Saw, resident of village- Baharkurwa Bishunpur, PS- Amas, Distt- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Sinha, Advocate Mr. Sudhir Kumar Sinha, Advocate For the State :

Mr. Kalyan Shankar, APP For the Opposite Party No.2:

Mr. Ajay Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No.154 of 2022 dated 21.03.2022, instituted under Sections 406, 468, 420, 120-B of the Indian Penal Code.

3. The complainant's case, in brief is that the complainant is the own brother of the petitioner in whose favour the father and grand-father had purchased 12 decimal land. The complainant was born after one year of the said purchase. The complainant and the petitioner lived jointly for 35 years and thereafter got separated with mutual agreement in which 05

Patna High Court CR. MISC. No.60346 of 2023(2) dt.16-10-2023 2/3 decimals land was to be given to him but the petitioner never executed the deed for the said land in his favour in spite of the fact that the petitioner agreed for the same in the panchayati.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. It is further submitted that from the complaint itself it appears that the nature of dispute between the parties is purely civil. It is further submitted that present criminal case has been lodged only to put pressure on the petitioner to settle the dispute. It is further submitted that it is an admitted fact that at the time of execution of sale deed in favour of the petitioner, the complainant was not born. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sherghati, Gaya, in Complaint Case No.154 of 2022, subject to the conditions laid down in

Patna High Court CR. MISC. No.60346 of 2023(2) dt.16-10-2023 3/3 Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T