Sanjay Sao v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54224 of 2016 Arising Out of PS.Case No. -194 Year- 2016 Thana -COMPLAINT CASE District- LAKHISARAI ======================================================

1. Sanjay Sao, Son of Rameshwar Sao, resident of village - Medani Chouki, P.S. Medani Chowki, District - Lakhisarai .... .... Petitioner

Versus

1. The State of Bihar

2. Surendra Prasad Mahto @ Surendra Mahto, Son of Mishri Mahto, resident of village - Medani Chouki, P.S. Medani Chowki, District - Lakhisarai .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 194C of 2016 for the offences instituted under Sections 120B, 420 and 465 of the Indian Penal Code. The allegation against the petitioner is that by hatching conspiracy along with other co-accused brought the forged sale deed and told the complainant that he will make construction over the said land in question.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. As per

Patna High Court Cr.Misc. No.54224 of 2016 (2) dt.21-12-2016 2/2 the allegation, the land in question is said to have been purchased by the petitioner as well as the Complainant. There was a 144 Cr.P.C. proceeding in respect to the land in question, which was decided in favour of the petitioner. The Revenue Record also indicates that the land in question is in the name of the petitioner. The matter relates to Civil dispute.

On behalf of the State, it has been submitted that the petitioner is named in the Complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 194C of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Lakhisarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T