Allowed

Surendra Singh @ Seth v. The State of Bihar

Patna HC22 Feb 2024CR. MISC./9573/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a forgery and cheating case concerning an agreement for sale and an alleged forged sale deed over the informant's land. The court granted anticipatory bail on furnishing bail bonds with two sureties, subject to Section 438(2) Cr.P.C. conditions and additional undertakings.

What did the court decide?

Anticipatory bail: release on arrest/surrender within six weeks on Rs. 10,000 bond with two like sureties, subject to Section 438(2) Cr.P.C. and further conditions.

Surendra Singh @ Seth Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9573 of 2024

¶2

Arising Out of PS. Case No.-318 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai

¶3

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

¶4

Surendra Singh @ Seth Son Of Late Damodar Singh Resident Of VillageSonvarsha, Ps- Shamho, Distt- Begusarai

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Jitendra Narain Sinha, Advocate For the Opposite Party : Ms. Nirmala Kumari, APP ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

¶10

2 22-02-2024

¶11

Heard learned counsel for the petitioner and learned

¶12

A.P.P. for the State.

¶13

The petitioner apprehends arrest in connection with Begusari Nagar (Ratanpur) P.S. Case No. 318 of 2023 dated 15.03.2023, instituted for the offence punishable under Sections 467, 468, 471, 420, 385, 506/34 of the Indian Penal Code.

¶14

Allegation against the petitioner is that an agreement for sale has been executed by Umesh Kumar and Vipin Kumar in favour of petitioner, namely, Surendra Singh @ Seth. It is further alleged that on the basis of alleged deed agreement for sale, the petitioner, on 27.12.2023, tried to took possession of the informant’s land. It is further alleged that the petitioner prepared a forged sale deed no. 7412 dated 23.11.1909, on the basis of such sale deed the petitioner tried to

¶15

Patna High Court CR. MISC. No.9573 of 2024(2) dt.22-02-2024 2/3

¶16

purchase the informant’s land.

¶17

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the informant, Umesh Kumar and Bipin Kumar are co-sharer of the land. It is further submitted that the petitioner has not executed any sale deed of the informant’s land. He is only a proposed vendee of the said agreement for sale. Further, it is submitted that the petitioner has not committed any offence, he is only proposed vendor of agreement of sale executed by Umesh Kumar and Bipin Kumar. Lastly, it has been submitted that the petitioner has fourteen criminal cases against him.

¶18

Learned A.P.P. has opposed the prayer for bail of the petitioner.

¶19

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Begusari Nagar (Ratanpur) P.S. Case No. 318 of 2023, he shall be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, subject to

¶20

Patna High Court CR. MISC. No.9573 of 2024(2) dt.22-02-2024 3/3

¶21

condition as laid down under Section 438(2) of the Cr.P.C, subject to the following conditions:-

¶22

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

¶23

ii. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

¶24

iii. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

¶25

iv. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

¶26

(Khatim Reza, J)

¶27

Shanu/-

¶28

U T

Surendra Singh @ Seth v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Surendra Singh @ Seth v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balistar Yadav Vs the State of Bihar

Randhir Kumar @ Bhagat Vs The State of Bihar

Ganesh Singh @ Ganesh Prasad Singh Vs The State of Bihar

Gayanand Roy Vs the State of Bihar

Mintu Kumar Rajak @ Pintu Kumar Rajak Vs The State of Bihar

Tuntun Prasad Vs The State of Bihar