Awadh Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58909 of 2022 Arising Out of PS. Case No.-302 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== AWADH KISHORE SINGH S/o Late Thag Singh R/o Village- Naya Tola, Ward no. 07, P.S.-, Turkaulia, Distt- East Champaran, Bihar - 845437. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406 & 120(B) of the Indian Penal Code.

As per prosecution case, one Hiramati Devi has agreed to sell her land for Rs. 4,70,000 and the same has been given in the hand of accused person and at the time of registry, Hiramati Devi and her son have made their impression mark on the deed but at the time of agreement all accused persons fled away. It is further alleged that when informant asked all the accused persons to return money, they said neither money nor land will be given to him.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.58909 of 2022(2) dt.16-01-2023 2/2 falsely been implicated in this case. The petitioner is not main accused rather he is just a witness who agreed to become the witness on the request of accused persons and also marked his impression on the sale deed as a witness. It is further submitted that the petitioner has not done any forgery with the informant and not taken any money from the hand of informant. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner is languishing in judicial custody since 10.8.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Turkaulia P.S. Case No. 302 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 14th A.C.J.M., Motihari, East Champaran.

(Sunil Kumar Panwar, J) amandeep/- U T