Amarjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79594 of 2023 Arising Out of PS. Case No.-252 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== 1.

Amarjit Kumar S/O Chandra Deo Singh Village- Rupchakiya, Bhairo Tola, Ps. Chandi, Dist. Bhojpur 2.

Santosh Kumar S/O Shiv Kumar Singh Village- Bhairo Tola,Ps. Chandi, Dist. Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Md. Ataul Haque, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Chandi P.S. Case No. 252 of 2022 dated 02.10.2022 registered for the offences punishable u/ss 420 and 120(b) read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the land in question belongs to ancestor of the informant and the informant's land was sold by Satya Deo Singh in favour of his relative namely Angad Kumar after creating forged documents and these petitioners are witnesses of the sale deed.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the informant filed Title Suit No. 439 of 2020 for cancellation of the alleged sale deed which was

Patna High Court CR. MISC. No.79594 of 2023(2) dt.25-01-2024 2/2 executed by the co-accused namely Satya Deo Singh and the same is pending in the court of the learned Sub-Judge-1, Bhojpur at Arrah. Learned counsel has further submitted that no case under Section 420 of the Indian Penal Code is made out against the petitioners. The petitioner no. 1 has no criminal antecedent whereas the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Bhojpur at Arrah in connection with Chandi P.S. Case No. 252 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T