Shambhu Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76967 of 2019 Arising Out of PS. Case No.-104 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

SHAMBHU MAHATO Son of Shiv Pujan Mahato Resident of Village - Jamuniya, P.S.- Thakaraha, District- West Champaran. 2.

Hardeo Prasad (Mahato) @ Hardeo Mahato Son of Tufani Prasad Resident of Village - Jamuniya, P.S.- Thakaraha, District- West Champaran. At present resident of Village- Binahi, P.S.- Thakaraha, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Seikh Salauddin Son of Late Seikh Ishaque Resident of Village - Marchahwa, P.S.- Thakaraha, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Tr. No. 2633 of 2019, arising out of Complaint Case No. 104 of 2018, registered under Section 420, 467, 468 and 471/34 of the Indian Penal Code.

The accusation is that the land of the complainant/O.P. No.2 Seikh Salauddin was sold by fake person in favour of Ali Hussain Mian and on sale deed both the petitioners put their signature as a witness.

Patna High Court CR. MISC. No.76967 of 2019(2) dt.27-11-2019 2/2 Learned counsel for the petitioners submits that, in fact, complainant/O.P. No.2 sold his land in favour of Ali Hussain and on instruction of Ali Hussain they put their signature, but due to some dispute regarding payment of money, the complainant/O.P. No.2 lodged the present case with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sri Sonu Kumar, Judicial Magistrate, 1st Class, Bagaha, West Champaran in connection with Tr. No. 2633 of 2019, arising out of Complaint Case No. 104 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T