This court granted bail to petitioners apprehending arrest in a cheques forgery case alleging land sale deed impersonation, despite long delay in filing the complaint.
Release of petitioners on bail subject to arrest within four weeks on furnishing bond of Rs. 10,000 each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25320 of 2019
Arising Out of PS. Case No.-748 Year-2018 Thana- MOTIHARI TOWN District- East Champaran
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
3 23-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
Petitioners are said to have got 15 katha of land of different khesra of the complainant executed in favour of Ramchandra Tiwari impersonating someone else as
Patna High Court CR. MISC. No.25320 of 2019(3) dt.23-04-2019 2/3
complainant manipulating his fake thumb impression and signature.
It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. Petitioner no.1 happens to be the witness of the said sale deed while petitioner no.2 is the scribe of the same. They do not happen to be beneficiary of the said transaction. Moreover, the occurrence is of 09.07.1996, but the complaint petition was filed after long and inordinate delay of six years i.e. on 16.11.2002.
On the other hand, learned counsel for the complainant submitted that there is complicity of the petitioners in execution of the aforesaid sale deed. Witnesses in the case diary have also supported the occurrence against the petitioners. Hence the petitioners do not deserve bail.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari in connection with Motihari Town
Patna High Court CR. MISC. No.25320 of 2019(3) dt.23-04-2019 3/3
P.S. Case No. 748 of 2018, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J)
mantreshwar/-
U T
1 issue framed by the court
Whether the petitioners are entitled to be released on bail in a case involving cheating and forgery with antedated charges.
1 provisions across 1 enactments
Akhilesh Pandey
Basudeo Pandey
State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
