Single judge allowed anticipatory bail to petitioners in private complaint case involving alleged cheating and forgery. Court noted dispute appeared civil in nature and ordered arrest within six weeks to avail bail.
Petitioners enlarged on bail of Rs. 20,000 each with two sureties to be arrested within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25976 of 2022
Arising Out of PS. Case No.-628 Year-2020 Thana- SONEPUR District- Saran
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma Adv. For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER
4 02-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 406, 420 and 506 of the Indian Penal Code.
As per prosecution case, the petitioners went to the house of the informant and asked him to work at their house for wage. When the informant went to the house of the petitioners, they asked to him to put his signature and thumb impression on
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a paper. On being asked, the petitioners replied that they are making him as a witness. Believing them, the informant put his signature and thumb impression. Thereafter, the petitioners forcibly ploughed the land pertaining 2 Kattha and 10 Dhurr . The informant alleges that the petitioners have fraudently tried to grab his land.
Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated at para 3 of the bail petition. The signature of the informant has not been challenged. It is further submitted that it is a dispute of civil nature and the so-called sale deed is not registered by the Registrar rather it is prepared by the Notary.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners and further submitted that the sale deed is not legal.
Considering the aforesaid facts and circumstances of this case as well as the fact that the dispute is civil in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount
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each to the satisfaction of learned Court concerned, Saran in connection with Sonepur P.S. Case No. 628 of 2020, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to petitioners facing charges under sections 406, 420 and 506 IPC.
1 provisions across 1 enactments
Nawal Rai
Suresh Rai
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
