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Patna High CourtCR. MISC./65405/2019bail granted

Niraj Singh v. The State Of Bihar

2019-11-07Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65405 of 2019 Arising Out of PS. Case No.-312 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== NIRAJ SINGH S/o Bahadur Singh R/o village- Deshrajpur, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Hajipur Town Police Station Case No. 312 of 2018, disclosing offences under Sections 420/467/468/471/120-B of the Indian Penal Code.

The allegation against the petitioner is that the informant was called in Lichchhavi Hotel, Muzaffarpur, under the false pretext that he would be provided with some work and all the accused persons, including the petitioner, by entering into a conspiracy, got a sale deed prepared in respect of the ancestral land of the informant, got the same executed and registered before the Sub-Registrar.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65405 of 2019(2) dt.07-11-2019 2/3 petitioner has falsely been implicated in the present case inasmuch as from perusal of the sale deed, in question, it appears that the informant has himself executed the same on 11.04.2018 and the same was registered in the Hajipur Registry Office, in which the photograph of the informant is also attached. He further submits that co-accused, who had allegedly called the informant in the hotel and had put pressure to execute the sale deed in favour of the petitioner, has been granted anticipatory bail by this Court by order, dated 11.03.2019, passed in Criminal Misc. No. 14289 of 2019.

A copy of the alleged sale deed has been produced by learned Counsel for the petitioner, let the same be kept on record.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that from perusal of the sale deed in question, it, prima facie, appears that the photograph of the informant is there on the sale deed, along with his signature and similarly situated co-accused has been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Niraj Singh, in the event of his

Patna High Court CR. MISC. No.65405 of 2019(2) dt.07-11-2019 3/3 arrest or surrender before the Court below within four 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 learned Additional Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Hajipur Town Police Station Case No. 312 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √