Niranjan Kumar @ Niraanjan Kumar @ Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1293 of 2024 Arising Out of PS. Case No.-900 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Niranjan Kumar @ Niraanjan Kumar @ Niranjan Yadav, Son of Jagesar Yadav @ Jageswar Yadav @ Janki Yadav, R/o Vill- Khardih, P.O. - Lahthua, P.S. - Mohanpur, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Yamuna Devi, W/o Late Jagdish Prasad, R/o Vill- Ramgiriya, P.O. - Lahthua, P.S. - Mohanpur, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Varun Kumar Trivedi, Advocate Mr. Sunil Kumar Trivedi, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Complaint Case no. 900 of 2022, registered under sections 420, 467 and 468 of the Indian Penal Code.

3. As per the prosecution case, the complainant states that one Nand Kumar Yadav on the pretext of getting some lacuna in the application for old age pension completed, got her to execute a sale deed with respect to immovable property in his favour. The complainant states that the petitioner came with the accused Nand Kumar Yadav on the land on 17.11.2022.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1293 of 2024(2) dt.24-01-2024 2/2 petitioner has been falsely implicated in the case only for the reason that at the instance of the purchaser Nand Kumar Yadav, he had gone and identified the document. He is not a beneficiary. The matter relates to a civil dispute. The petitioner is in custody since 24.9.2023 and cognizance has been taken in the case.

5. The application for bail is opposed by learned APP for the State who submits that even from perusal of the sale deed (Annexure-2) it would be evident that the petitioner was present as a witness at the time of execution of the sale deed.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the complaint, the petitioner not being a beneficiary in the sale deed and the petitioner having remained in custody for 4 months since 24.9.2023, the petitioner is directed to be enlarged on bail in connection with Complaint Case no. 900 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Sherghati, Gaya. (Partha Sarthy, J) avinash/- U T