Fulendra Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35256 of 2017 Arising Out of PS.Case No. -334 Year- 2016 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Fulendra Sah, Son of Late Jago Sah,

2. Laxman Sah Son of Jago Sah,

3. Sanjeev Singh Son of Phulo Singh,

4. Md. Harun Son of Aklu,

5. Md. Aklu Son of Buchach Miyan,

6. Rabindra Paswan Son of Batuki Paswan,

7. Ramdeo Paswan Son of Late Sukhdeo Paswan. All R/o Village- Bihra P.S.- Bihra, District- Saharsa.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rashmi Jha, Adv. For the Opposite Party/s : Mr. Sri Dilip Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 379, 420, 384, 435, 427, 504 and 506 of the Indian Penal Code.

Allegation is that some of the petitioners have executed a registered deed in favour of co-accused Renu Devi and Mukesh Jha in respect of the land of the complainant. Other witnesses are identifier of the same. Submission of the learned counsel for the

Patna High Court Cr.Misc. No.35256 of 2017 (3) dt.17-10-2017 petitioners is that even if prosecution allegation is assumed to be correct, the real person who was cheated in the transaction was Renu Devi and Mukesh Jha who purchased the alleged land from a non-title holder after paying consideration money. Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the aforesaid fact, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Complaint Case No. 334 (C) of 2016 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U