Vishnu Sen v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6863 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== Vishnu Sen S/o - Late Dwarika Nath Sen R/o Mohalla - Bahuar Chaura P.S.- Vishnupad, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sinha For the Opposite Party/s :
Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Civil Lines P.S. Case No. 229 of 2023 registered on 29.03.2023 lodged under Sections 419, 420, 467 and 468 of the I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against the present petitioner with allegation that he has committed fraud with the authorities with regard to the sale of the land.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner
2/4 is in custody since 21.07.2023 having three criminal case pending against him, in which he is on bail. He further submits that petitioner has executed the sale of land in which he has shown wrong entry of municipal plot number in the sale deed instead of the fact that government agencies have barred the land for registration. Counsel submits that the said land belong to the petitioner and he has not committed any fraud. Counsel submits that petitioner is aged about 73. Charge-sheet has already filed in this case as well as charge has also been framed. Counsel submits that he is ready to fulfill all the conditions what so ever shall be imposed upon him.
5. Learned counsel for the State opposes the prayer for bail and submits that petitioner has committed fraud with the government agency but also submits that charge has already been framed.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if not framed yet and on being satisfied by the trial Court that he is not absconding in any of the criminal cases pending against him which are mentioned below and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the
3/4 like amount each to the satisfaction of learned A.C.J.M., 1st Class, Gaya in connection with Civil Lines P.S. Case No. 229 of 2023 subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. • Civil Line P.S. Case No. 101 of 2011.
• Civil Line P.S. Case No. 228 of 2009
4/4 • Vishnupad P.S. Case No. 227 of 2023.
(Dr. Anshuman, J) Sunnykr/- U