Sanny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3172 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== 1.

SANNY KUMAR Son of Manoj Sah Resident of Village - Nayagaon, P.S.- Desri, District - Vaishali.

2.

Mithilesh Thakur Son of Late Moujelal Thakur Resident of Village - Nayagaon, P.S.- Desri, District - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Desri P.S. Case No. 225 of 2023, registered for the offences punishable under Sections 420, 467, 120(B), 468, 471/34 of the Indian Penal Code.

3. As per allegation, the informant executed a sale deed in favour of petitioner no. 1 in the year 2016 for 1/3 Dhur of land, but the petitioner no. 1 acquired his all 2 Dhurs of land and made Pakka construction over there. Thereafter, petitioner no. 1 wanted to get sale deed of his remaining land executed for which, the informant did not become agree. The petitioner no. 1 got executed the sale deed of remaining land of the informant by impersonating

Patna High Court CR. MISC. No.3172 of 2024(2) dt.07-02-2024 2/2 the informant by other persons, in which, petitioner nos. 2 and 3 were made the identifier and the witness.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated merely because they are the identifier and attesting witness of the sale deed. As a matter of fact, the agnate of the informant has already lodged complaint case against the informant, in which, his agnate has specifically mentioned that the disputed land does not belong to the informant rather it belongs to the agnate of the informant. He has submitted further that the purchaser is already under custody.

5. Considering the above-mentioned facts and circumstances, especially the clean antecedent, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial MagistrateIst, Class, Vaishali at Hajipur in connection with Desri P.S. Case No. 225 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Nirmal/- U T