Nagendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71029 of 2022 Arising Out of PS. Case No.-587 Year-2021 Thana- MASHRAK District- Saran ====================================================== NAGENDRA SINGH Son of Jang Bahadur Singh Resident of village - Semri, P.O.- Belaur, P.S.- Panapur, District - Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Advocate.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-05-2023 Heard Mr. Jeetendra Narayan, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned Additional Public Prosecutor appearing for the State. Petitioner apprehends his arrest in connection with Mashrak P.S. Case No. 587 of 2021 registered for the offence punishable under Sections 420, 467, 468, 471 read with Section 34 of the Indian Penal Code.
The allegation as per the First Information Report is that the petitioner along with other accused persons created a forged and fabricated deed bearing No. 2127 dated 5.12.1995 with a view to grab the lands.
Learned counsel for the petitioner submits that the petitioner is a bona fide purchaser of a piece of land sold
Patna High Court CR. MISC. No.71029 of 2022(2) dt.15-05-2023 2/3 by the brother-in-law of the informant vide Sale Deed No. 3370 dated 3.112.2020 having an area of 3 Dhoors. He further submits that in fact on 5.2.1995 sale deed was executed in favour of the informant's father-in-law and the land involved in the sale deed was partitioned by virtue of Annexure-2 in 1998 and 1/3rd of the said land was given to the vendor of the petitioner and 1/3rd remained with the father-in-law of the informant. Out of the share of 1/3rd 3 Dhoors of land has been sold by the brother-in-law of the informant in favour of the petitioner.
Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner claims to be a bona fide purchase of a piece of land from brother-in-law of the informant, I am inclined to grant anticipary bail to the petitioner.
Accordingly, in the event of arrest or surrender before the court below within three weeks from today, petitioner, above named, shall 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
Patna High Court CR. MISC. No.71029 of 2022(2) dt.15-05-2023 3/3 of Smt. Arbita, Judicial Magisttrate 1st Class, Saran at Chpara subject to the condition as laid down under Section 438(2) o the Code of Civil Procedure.
(Anil Kumar Sinha, J) S.Ali/- U T