Lal Mohar Pasi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22485 of 2018 Arising Out of PS. Case No.-334 Year-2015 Thana- BUXAR COMPLAINT CASE DistrictBuxar ======================================================

1. Lal Mohar Pasi, S/o Bikhi Pasi,

2. Fantu Pasi S/o Lal Mohar Pasi, Both R/o Mohalla- Ward No. 14, Dumraon, P.S.- Dumraon, District- Buxar.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Moti Pasi S/o Late Ram Swaroop Pasi, R/o Mohalla- Ward No. 14, Dumraon, P.S.- Dumraon, District- Buxar.

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

For the Petitioner/s :

Mr. Ramakant Yadav, Advocate For the Opposite Party/s :

Mr. Sri Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-12-2018 Heard counsel for the petitioners and counsel appearing on behalf of the State and the informant. The petitioners are apprehending arrest in connection with Complaint Case No. 334(C) of 2015 for offences under Sections 420, 120(B), 467, 468, 471 and 34 of the Indian Penal Code.

The allegation against the petitioners is that they are witnesses in a sale deed. The sale deed was prepared after duping the informant, who is an illiterate lady and on false pretext her signature was obtained on plain paper and then it was used for the purpose of sale of the valuable lands. Counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.22485 of 2018(5) dt.10-12-2018 2/2 petitioners have no criminal antecedent. The complaint case was lodged in 2015. He further submits that the purchasers of the land, namely, Vibha Pathak and Birbal Singh have been granted anticipatory bail by the Co-ordinate Benches of this Court vide orders dated 1.2.2018 and 2.2.2018 in Cr. Misc. Nos. 3919 of 2018 and 5987 of 2018 respectively.

Considering the fact that the main beneficiaries have been granted anticipatory bail by the Co-ordinate Benches of this Court and the allegation against these two petitioners is that they are only witnesses to the sale deed, the Court is inclined to enlarge the petitioners on bail. Let the petitioners, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in connection with Complaint Case No. 334 (C ) of 2015, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Anil Kumar Upadhyay, J) spandey/- U T