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Patna High CourtCR. MISC./70663/2022bail granted

Akshay Kumar Singh v. The State Of Bihar

2023-04-28Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70663 of 2022 Arising Out of PS. Case No.-371 Year-2019 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== AKSHAY KUMAR SINGH S/o Ram Bhachchan Singh R/o Village- Katar, P.S.- Piro, Distt- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Umesh Kumar Singh S/o Late Rup Narayan Singh R/o Village- Dhansai, P.S.- Bikramganj (Ramnagar), Distt- Rohtas.

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate Mr. Raju Kumar Singh, Advocate Ms. Priyanka Kumari, Advocate Ms. Kumari Rupa, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-04-2023 Heard learned counsel appearing on behalf of the parties.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Complaint Case No. 371C of 2019, in which cognizance has been taken for the offences registered under Sections 467, 468, 471, 420 and 120B

Patna High Court CR. MISC. No.70663 of 2022(2) dt.28-04-2023 2/3 of the Indian Penal Code.

Allegation against the petitioner is to involved in sale of land of complainant without having any legal title along with other co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that admittedly, the petitioner is not beneficiary of alleged transaction. It is further pointed out that the maximum allegation, as it appears against the petitioner is to identify the signature of one Dular Singh, who is the executor of alleged sale deed. While concluding the argument, it is submitted that the petitioner is a man of clean antecedent.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the aforesaid facts and circumstances of the case and by taking note of allegation against the petitioner is limited to identify of the executor of sale deed, let above-named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Bhojpur at Ara/concerned Court, where the case is pending in connection

Patna High Court CR. MISC. No.70663 of 2022(2) dt.28-04-2023 3/3 with Complaint Case No. 371C of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T