Pintu Kumar @ Pintu Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1818 of 2025 Arising Out of PS. Case No.-349 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== 1.

Pintu Kumar @ Pintu Kumar Gupta Son of Gajendra Gupta Resident of village- Chak Prayag PS -parbatta District- Khagaria 2.

Alok Kumar @ Golu son of Pashupati Prasad Gupta Resident of villageChak Prayag PS -parbatta District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Parbatta P.S. Case No. 349 of 2024 dated 25.08.2024, instituted for the offence punishable under Sections 419, 420, 467, 468, 471, 472, 120(B) of the Indian Penal Code.

3. The allegation against the petitioners and other coaccused persons is that they committed fraud by selling the land of informant to different persons through six sale deeds in between 19.07.2022 to 08.09.2023 by preparing forged documents.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.1818 of 2025(2) dt.05-02-2025 2/3 petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioner no. 1 is the identifier of all the said six sale deeds and petitioner no. 2 is the son of vendor namely, Pashupati Prasad Gupta. It is also submitted that three sale deeds have been executed by Pashupati Prasad Gupta in favour of different persons, two sale deeds have been executed by Pashupati Prasad Gupta along with Urmila Devi and one sale deed has been executed by Urmila Devi in favour of Mukesh Kumar. Learned counsel further submitted that Pashupati Prasad Gupta and Urmila Devi are co-sharers of joint family property. It is further stated that nature of allegation levelled against the petitioners is purely civil in nature.

The informant and vendors of six sale deeds are co-sharers and have common ancestor namely, Jitan Das. It is next submitted that sons of Jitan Das had partitioned the joint family property on 19.06.1970 and in said partition, the land in question was allotted to Pashupati Prasad Gupta and Urmila Devi. Both the parties are agnates. It is further stated that petitioner no. 1 is only the identifier in the said six sale deeds and he has no concern with the family of the Pashupati Prasad Gupta. Lastly, it has been submitted that the petitioners are in custody since 19.10.

Patna High Court CR. MISC. No.1818 of 2025(2) dt.05-02-2025 3/3 charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Khagaria in Parbatta P.S. Case No. 349 of 2024. (Khatim Reza, J) Sankalp/- U T