Dhanesh Chandra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75211 of 2022 Arising Out of PS. Case No.-174 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== DHANESH CHANDRA YADAV SON OF LATE SARJU YADAV R/O VILLAGE- CHARKAWAN NICHALA DIH, P.S.- RAFIGANJ, DISTRICTAURANGABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar Sinha For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2023 Heard Mr. Dhirendra Kumar Sinha, learned counsel for the petitioner and Mr. Shantanu Kumar, learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Rafiganj PS Case No. 174 / 2022 dated 20/05/2022 registered under Section 420, 467, 468, 323, 504, 34 of the IPC.
The prosecution story in brief is that the informant alleged that his son sold a piece of land belonging to the informant in connivance with other accused persons by showing the informant as a dead person and by writing his name in the sale deed as "Late Naresh Prasad Soni".
Patna High Court CR. MISC. No.75211 of 2022(2) dt.29-04-2023 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that petitioner is a Deed Writer and the vendor and vendee approached him for the purpose of drafting a sale deed as a scribe and upon disclosure of the name of the vendor and vendee the petitioner drawn a sale deed. He was not aware about the physical position of the father of the vendor. He next submits that purchasers of the land in question have been granted anticipatory bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 48313 of 2022 and the petitioner is not the beneficiary of the purchase made.
Regard being had to the submission made by the parties, taking into consideration the material on record, the fact that petitioner is merely a Deed Writer and the purchasers have been granted anticipatory bail by this court, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today
Patna High Court CR. MISC. No.75211 of 2022(2) dt.29-04-2023 3/3 on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad in connection with Rafiganj PS Case No. 174 / 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T