Bipin Bihari Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60973 of 2019 Arising Out of PS. Case No.-222 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== BIPIN BIHARI SHUKLA Son of Late Bishnu Prasad Shukla Resident of Village- Shukla Tola, Ahirauliya, P.S.- Ramgarhwa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bibhakar Tiwary For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that accused persons made correction in the revenue records on the basis of fake document.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is a Karmchari posted in the Circle. The correction in the revenue records was made on the basis of

Patna High Court CR. MISC. No.60973 of 2019(3) dt.04-12-2019 2/2 sale deed which was produced. The petitioner under the law is not authorised to test the genuineness or test the title while making necessary correction in the revenue records. In any case, the revenue record is only for the purpose of collection of the State revenue. It does not prove the title of the person in whose favour the revenue records are created. The petitioner has been made accused due to mistake of fact..

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S. Case No. 222 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T