Dilip Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59043 of 2019 Arising Out of PS. Case No.-31 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== 1.
Dilip Kumar Ray, Son of Jagarnath Rai Resident of Village - Gurmiya, P.S.- Kartaha, Distt - Vaishali.
2.
Mohan Lal Mahto, Son of Ganga Prasad Mahto Resident of Village - Akbar Malahi, P.S.- Sarai, Distt - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahesh Chandra Gandhi, Advocate.
For the Opposite Party/s :
Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-09-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Lalganj P.S. Case No. 31 of 2018, registered under Section 420, 406 and 120(B)/34 of the Indian Penal Code.
The accusation is that informant talked with petitioner no. 1 to sale 4.50 decimal land of Plot No. 413, Khata No. 85 of village Matiyara. Accordingly, informant along with his wife Pratima Devi, son-in-law Shailendra Kumar and witnesses went at the Office of Sub-Registrar, Lalganj, where Rajesh Kumar, Mohan Lal Mahto (petitioner no. 2) and Ranveer Kumar under conspiracy got mentioned 24.50 decimal land in the draft of sale deed in place of 4.50 decimal and the said sale deed was got registered. When the
Patna High Court CR. MISC. No.59043 of 2019(2) dt.19-09-2019 2/2 copy of the sale deed was obtained then informant came to know the said fact. Thereafter, he filed an application before the Sub-Registrar, Langanj and on knowing the real fact, Sub-Registrar stopped the enforcement of executed sale deed.
Learned counsel for the petitioners submits that, in fact, informant executed the sale deed in respect of 24.50 decimal land but with ulterior motive, after registration of the sale deed, filed an application before the Sub-Registrar, disclosing the fact that the vendee inserted 24.50 decimal land in the draft of the sale deed in place of 4.50 decimal. The petitioners has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, in connection with Lalganj P.S. Case No. 31 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T