Allowed

Shailendar Paswan @ Shalendra Mohan Paswan v. The State of Bihar

Patna HC18 Oct 2024CR. MISC./52363/2024

Case brief

AI extract

What is this about?

Anticipatory bail in a forgery and cheating case over sale of ancestral land based on an alleged forged decree. The petitioner claimed to be a bona fide purchaser; forgery was attributed to co-accused Sabir Khan, and similarly situated co-accused purchasers had already been granted bail. Bail granted.

What did the court decide?

Anticipatory bail granted: release on arrest/surrender within four weeks on Rs.10,000 bond with two sureties each, subject to Section 438(2) CrPC conditions.

Shailendar Paswan @ Shalendra Mohan Paswan Vs The State… — Cheating and Forgery | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.52363 of 2024

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Arising Out of PS. Case No.-261 Year-2023 Thana- BAHERA District- Darbhanga

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======================================================

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Shailendar Paswan @ Shalendra Mohan Paswan Son of Late Yogendra Paswan Resident of village - Benipur, P.S.- Bahera, Dist.- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sabal Kumar Jha For the Opposite Party/s : Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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5 18-10-2024 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

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This application, for grant of anticipatory bail, arises out of Bahera Police Station Case No. 261 of 2023, disclosing offences under Sections 420/467/468/471/120-B of the Indian Penal Code.

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The prosecution case, as per the First Information Report, is that the informant has alleged in the First Information Report that he has filed Case No. 06 of 2021 in the Court of Land Reforms Deputy Collector, Benipur, against coaccused Sabir Khan and his brother for forging the documents of ancestral property of the informant. It has

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Patna High Court CR. MISC. No.52363 of 2024(5) dt.18-10-2024 2/4

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further been alleged that the informant got information that Sabir Khan, on the basis of order passed in Suit No. 456 of 1993 (Moti Khan v. Abdul Kadir Khan), decided on 06.10.2003, has sold the property of the informant. The land of the informant is having Khata No. 296, Khesra Nos. 218, 256, 260, measuring an area of 2 Acres 75 decimals. The informant filed R.T.I. seeking information regarding the nature of the case from Settlement Officer, Darbhanga, who informed him that one Siya Saran Yadav is the petitioner/plaintiff in the suit and the defendant was Anabad Bihar Sarkar and Suit No. 456 of 1993 pertains to Khata No. 2016, Khesra No. 460, in mauza Srirampur.

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Learned Counsel for the petitioner submits that upon perusal of the First Information Report, it is clear that coaccused Sabir Khan, by forging the order in Suit No. 456 of 1993, has sold the property of the informant in favour of the petitioner, who is bona fide purchaser of the land from Sabir Khan. The petitioner has also been cheated by Sabir Khan inasmuch as he purchased the land on the basis of the order passed in Suit No. 456 of 1993 and was not aware that the order was forged by co-accused Sabir

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Patna High Court CR. MISC. No.52363 of 2024(5) dt.18-10-2024 3/4

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Khan. He further submits that similarly situated four coaccused persons, who were also the purchasers, have been granted anticipatory bail vide order, dated 14.08.2024, passed in Criminal Misc. No. 48634 of 2024.

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Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner claims to be the bona fide purchaser of the land in question, direct allegation of committing forgery is upon co-accused Sabir Khan and similarly situated coaccused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

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This application is, accordingly, allowed.

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Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga, in connection with Bahera Police Station Case No. 261 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and also that

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Patna High Court CR. MISC. No.52363 of 2024(5) dt.18-10-2024 4/4

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the petitioner will not indulge himself, in future, in

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similar nature of offence.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

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U √ T √

Shailendar Paswan @ Shalendra Mohan Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shailendar Paswan @ Shalendra Mohan Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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