Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38281 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -MEHDIGANJ District- PATNA ====================================================== Ranjan Kumar Son of Laxmi Prasad Chandrabansi @ Laxmi Narayan Chandrabansi, R/o Mohalla- Ranipur Nimlal Bahari, P.S.- Mehadiganj, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sushil Kumar Jha, Adv. For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Mehadiganj P.S. Case No. 8 of 2017, G.R. No. 323 of 2017 registered for the offence(s) punishable under section(s) 460, 420, 467, 468, 471/120(B) of the Indian Penal Code. The informant, in his written report, has alleged that co-accused Santosh Kumar had entered into an agreement with the informant to get a sale deed executed in his favour with respect to 01 katha land. In this regard, he received an amount of Rs. 2,60,000/- out of total consideration money Rs. 6,00,000/- This petitioner had identified the thumb impression of his brother, coaccused Santosh Kumar.
Patna High Court Cr.Misc. No.38281 of 2017 (2) dt.18-08-2017 2/2 The learned counsel for the petitioner submits that agreement for sale of land was between the brother of this petitioner and the complainant. This petitioner only identified his thumb impression on the deed of agreement in the capacity of identifier and so, no offence under section 420 and 406 of the Indian Penal Code is made out.
The learned Additional Public Prosecutor on the other hand opposed the submission.
Considering the nature of dispute between the parties which is civil in nature, facts and circumstances of the case, as stated above, this application is allowed.
Let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna in connection with Mehadiganj P.S. Case No. 8 of 2017, G.R. No. 323 of 2017, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code. (Sanjay Kumar, J) Mahesh/- U T