Kedar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68366 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== 1.

Kedar Chaudhary Son Of Bunni Chaudhary Village- Dakshin Teluha W.No2, Ps-Nautan Dist- W.Champaran 2.

Sudama Chaudhary Son Of Chhathu Chaudhary @ Saryug Chaudhary Village- Jhakhara Ps- Jagdishpur Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the State :

Mr. Binod Kumar For the Complainant :

Mr. Sarad Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State and learned counsel for the complainant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471, 120B, 323, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner no. 1 with the help of petitioner no. 2 and other coaccused persons got executed false sale deed, and has committed cheating with the complainant, of about 14 Katha 19 Dhur land.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.68366 of 2023(3) dt.29-02-2024 2/2 specific rather general and omnibus in nature. He submits that the land in question is not in possession of the petitioner no. 1. He further submits that petitioner no. 1 is the purchaser of the land and petitioner no. 2 is the witness to the deed. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that it is a civil dispute between the parties, 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nautan P.S. Case No.85 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T