Mahendra Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22438 of 2018 Arising Out of PS.Case No. -59 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mahendra Choudhary, Son of Late Harangi Coudhary, Residents of Village Patkholi Bishunpurwa, P.S.- Choutarva, District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Bijendra Rao, Son of Late Satya Narayan Rao, Resident of VillageRatwal, P.S.- Choutarwa, District- West Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Petitioner apprehends his arrest in connection with Complaint Case No. 59 of 2014 lodged for the offences punishable under Sections 467, 468 and 471 of the Indian Penal Code. Allegation against the petitioner is that he has executed forged sale deed in his favour with respect to the land of the complainant.

Submission of learned counsel for the petitioner is that petitioner and others they have purchased a piece of land from the vendors Jitendra Rout and Sanjay Rout and vendors are the agnates of the complainant and they are cousin brothers and as such, petitioner is not responsible for that. Further submission is that other co-accused persons have been granted bail by a co-

Patna High Court Cr.Misc. No.22438 of 2018 (3) dt.03-07-2018 2/2 ordinate Bench of this Court vide order dated 17.2.2018 passed in Cr.Misc.No. 60960 of 2017.

Heard learned APP and learned counsel for the complainant. They have opposed the prayer for anticipatory bail stating that petitioner in conspiracy with others purchased the land of the complainant.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Trial No. 1829 of 2017, arising out of Complaint Case No. 59 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U