Gautam Kumar @ Gautam Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28518 of 2017 Arising Out of PS.Case No. -906 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Gautam Kumar @ Gautam Rai S/o Sri Kishore Rai @ Delha Rai, Resident of Village- Lal Pokhar Jagdishpur, P.S.- Sadar Hajipur, DistrictVaishali. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Hajipur Town P.S. Case No. 906 of 2016 for the offences instituted under Sections 420, 406, 467, 471, 479, 120(B) of the Indian Penal Code.

It is alleged that co-accused Vijay Kumar along with Dinanath Singh having conspiracy imprecated the real Dinanath Singh, forged a registered sale deed in favour of the informant, who had given Rs. 1,00,000/- to Vijay Kumar, in pursuance of registered sale deed, mutation was also done in favour of the informant.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.28518 of 2017 (2) dt.07-07-2017 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He is not the vendee nor he has presented any sale proceeding. Merely on suspicion, he has been made accused in the present case. There is no substantive evidence to suggest his implication in the present case. On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Hajipur Town P.S. Case No. 906 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T