Budhu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69161 of 2024 Arising Out of PS. Case No.-352 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== Budhu Sahani Son of Late Phuldeo Sahani R/O-Village Mali Bail Tola, PSSugauli, District- East Chamaparan, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sugauli P.S. Case No. 352 of 2021 registered under Sections 406, 420, 467, 468, 471, 504 and 506/34 of the Indian Penal Code.

3. It is alleged that despite taking consideration money, this petitioner along with other co-accused persons did not execute the sale deed in favour of informant and also refused to return the consideration money.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that as per FIR, it is apparent that petitioner is only alleged to have accompanied the prime accused Subodh Sahani and Ram Jeevan Sahani and

Patna High Court CR. MISC. No.69161 of 2024(2) dt.04-10-2024 2/2 supported their version, but neither he received any amount from informant, nor he has concern with the land in question. Petitioner is neither the vendor nor the vendee. Moreover, the dispute is purely civil in nature. Similarly situated co-accused Ramjeevan Sahani has already been granted bail by this Court vide order dated 17.11.2022 passed in Cr. Misc. No. 37465 of 2022. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and similarly situated co-accused has already been granted bail, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Sugauli P.S. Case No. 352 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T