Paras Nath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2668 of 2024 Arising Out of PS. Case No.-55 Year-2019 Thana- EKMA District- Saran ====================================================== Paras Nath Singh Son of Late Ramchandra Singh Resident of village - Samhauta, P.S. Kopa, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh For the State :
Mr. Uday Pratap Singh For the Informant :
Mr. Manish Kumar No. 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Ekma P.S. Case No. 55 of 2019 dated 09.03.2019 registered for the offences punishable under sections 420, 406, 467, 468 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant purchased one Katha eight dhur and 15 dhur land under khata no. 228, Survey No. 770 in Rs. 5,39,000/- from the petitioner for which sale deed was executed. Aforesaid land was not in the name of the petitioner, rather it was the land of late Bishwnath Singh and the petitioner fraudulently executed sale deed
Patna High Court CR. MISC. No.2668 of 2024(5) dt.14-05-2024 2/3 regarding that land.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of five years in lodging the F.I.R. and there is no plausible explanation for the same. The land has been mutated in the name of the informant but she has not paid the rest money of Rs. 2,39,000/- to the petitioner and with ulterior motive she has filed the present case which is civil in nature. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 31.08.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Ekma P.S. Case No. 55 of 2019, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.2668 of 2024(5) dt.14-05-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii) If the petitioner is found involved in similar nature of the offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T