Binod Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83182 of 2024 Arising Out of PS. Case No.-307 Year-2024 Thana- SHEKHPURA District- Sheikhpura ====================================================== Binod Sharma, Son of Mohan Mistri, Resident of Village - Girihinda, P.S. - Sheikhpura, District - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and Mr. Madhura Nand Jha, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sheikhpura P.S. Case No.307 of 2024 instituted for the offence under Sections 319(2), 318(4), 338, 336(3), 340(2) of B.N.S.

3. The case of the prosecution is that joint property of the informant was sold by Kudusiya Ejaj, Ejaj Ahmad, Abhimanyu Kumar and this petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He is only the identifier. He has not transferred any land.

Patna High Court CR. MISC. No.83182 of 2024(2) dt.12-12-2024 2/2 He has only identified the persons who have put the signatures on the sale deed. From perusal of the F.I.R., it is clear that the allegation of transferring the land is on the petitioner and others but from perusal of the alleged deed, it is clear that only the role of this petitioner is that he is identifier.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sheikhpura P.S. Case No. 307 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T