Patna High CourtCR. MISC./65613/2023bail granted

Kaushal Kishore Tiwari @ Kousal Kishor Tiwari v. The State Of Bihar

2024-03-18Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65613 of 2023 Arising Out of PS. Case No.-274 Year-2022 Thana- SHAMBHUGANJ District- Banka ====================================================== KAUSHAL KISHORE TIWARI @ KOUSAL KISHOR TIWARI son of Late Gopichand Tiwari Village- Rupai Ps- Shambhuganj Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-03-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Shambhuganj P.S. Case No. 274 of 2022 dated 12.10.2022 registered for the offences punishable u/ss 420, 467, 468, 471, 504, 506 and 323 of the Indian Penal Code.

4. As per the prosecution case, it is alleged that the complainant has purchased a piece of land appertaining to Khata No. 22, Khesra No. 380, 366 K.M. and measuring area 15.625 decimals situated in Mauza Ruspai, District Banka from the

Patna High Court CR. MISC. No.65613 of 2023(6) dt.18-03-2024 2/3 petitioner and the co-accused persons by way of sale deed bearing No. 5660, dated 28.04.2017 after paying Rs. 96,000/-. Thereafter, the petitioner and the co-accused persons by committing cheating and forgery again executed the sale deed bearing nos. 9769 and 9789, dated 17.05.2022 in respect of the aforesaid land and thereafter dispossessed the informant from the aforesaid land.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner and the petitioner has no concern with the alleged offence. It is further submitted that the said land was not executed by the petitioner rather it was executed by the coaccused persons namely, Shiv Nandan Tiwari and Nityanand Tiwari who have already been granted anticipatory bail by this court vide order dated 11.01.2024 passed in Cr. Misc. No. 47994 of 2023. Learned counsel has further submitted that it is a case of civil dispute. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.65613 of 2023(6) dt.18-03-2024 3/3 of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Shambhuganj P.S. Case No. 274 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T