Santosh Kumar Mishra And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1780 of 2017 Arising Out of PS.Case No. -138 Year- 2015 Thana -BUXAR District- BUXAR ======================================================

1. Santosh Kumar Mishra, son of Rajendra Mishra, resident of VillageTirpurawa, P.S.- Sikraul, District- Buxar.

2. Vishwanath Rai, son of Late Bachcha Babu Rai, resident of VillageTutuari, P.S.- Narhi, District- Bally (U.P.). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate. For the Opposite Party/s : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 419, 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.

It is alleged in the written report that petitioner and other accused persons as named in the written report, in connivance with each other by making forgery, changed the page No. 3 of the executed sale deed by the informant and his sister and got mentioned in the sale deed measuring 72.5 decimals of land instead of 1 and 1/2 kattha. The informant and his family were duped with property valued at Rs.3,21,40,000/-.

Patna High Court Cr.Misc. No.1780 of 2017 (2) dt.19-01-2017 2/2 It has been submitted on behalf of the petitioners that now the matter has been compromised between the parties. The dispute is purely civil in nature. It has further been submitted that the similarly situated co-accused namely Ramesh Pradhan, has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 27.7.2015 passed in Cr. Misc. 29228 of 2015.

Considering the aforesaid facts and circumstances of the case, let the petitioners in the event of surrender, named above, within six weeks from the date of receipt of this order, in connection with Buxar (T) P.S. Case No. 138 of 2015, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438

(2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T