Ashok Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54103 of 2016 Arising Out of PS.Case No. -395 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Ashok Tanti S/o Bishnudeo Tanti Resident of Village - Dharmnagar Mehsauri, P.S. Khagaria Muffasil, District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 395 of 2016 for the offences punishable under sections 323, 420, 406, 467, 468, 471, 120 (B) and 149 of the I.P.C.

The informant filed a complaint case on the basis of which the present FIR is lodged wherein it is alleged that he purchased a piece of land of Khata No. 94, Kheshra No. 55, Tauzi No. 525, Thana No. 271 area 10 dhurs from Awadh Bihari Sharma but Ram Bilash Tanti son of Awadh Bihari Sharma sold the same land to Sunaina Kumari. The petitioner is the witness of the

Patna High Court Cr.Misc. No.54103 of 2016 (2) dt.21-12-2016 2/2 executed sale deed.

Submission is that the petitioner has not committed any misdeed or illegality, the petitioner is only a witness of the sale deed, in this case other witnesses and identifiers, namely, Rajendra Kumar, Radh Devi and Gopal Kumar have already been allowed pre-arrest bail vide Cr. Misc. No. 39807 of 2016 by another co-ordinate Bench of this Court.

On the other hand, the learned A.P.P. opposes the prayer for pre-arrest bail of the petitioner. In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Khagaria in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T