← Library
Patna High CourtCR. MISC./40108/2018bail granted

Binay Kumar Sharma @ Vinay Kumar Sharma @ Vinay Singh v. The State Of Bihar

2018-07-12Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.40108 of 2018 (2) dt.12-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40108 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -PAUTHU District- AURANGABAD ======================================================

1. Binay Kumar Sharma @ Vinay Kumar Sharma @ Vinay Singh S/o Baijnath Prasad Sharma, resident of Village- Dabur, P.S.- Konch, DistrictGaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-07-2018 Heard both sides.

The petitioner apprehends his arrest in Pauthu P.S. Case No.21 of 2018 registered under Sections 406, 420/34 of the Indian Penal Code.

The informant alleged that he purchased the land of Plot No.1662 of Khata No.8 from Birendra Mishra, the owner of the land but due to inadvertence, in place of Khata No.9, Khata No.8 was written in the sale deed. The informant got it rectified by the Circle Officer at the time of mutation. Informant further alleged that Birendra Choudhary and Mahendra Choudhary purchased the same land from Birendra Mishra of Khata No.9. Petitioner is alleged to have issued rent receipt.

Patna High Court Cr.Misc. No.40108 of 2018 (2) dt.12-07-2018 The learned counsel for the petitioner submits that he did not commit any illegality. Birendra Choudhary and Mahendra Choudhary purchased the land of Khata No.9 and accordingly, he issued rent receipts in favour of Birendra Choudhary and Mahendra Choudhary with regard to land of Khata No.9. Considering the facts aforesaid and the fact that petitioner who is a karamchari simply issued rent receipts with regard to the land of Khata No.9, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Aurangabad in connection with Pauthu P.S. Case No.21 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T