Kailash Jha vs The State Of Bihar
2021 Latest Caselaw 2524 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 36550 of 2020
       Arising Out of PS Case No.-185 Year-2019 Thana- TARAPUR District- Munger
 ======================================================

Kailash Jha, aged about 53 years, Male, Son of Mevalal Jha, Resident of Village - Teghra, PS - Kharagpur, District - Munger.

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

 For the Petitioner/s    :        Mr. Narendra Kumar Singh, Advocate
 For the State           :        Ms. Anita Kumari, APP
 For the Informant       :        Mr. Rajesh Kumar Singh, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Narendra Kumar Singh, learned counsel

for the petitioner; Ms. Anita Kumari, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Rajesh Kumar Singh, learned counsel for the informant.

3. The petitioner apprehends arrest in connection with

Tarapur PS Case No. 185 of 2019 dated 14.12.2019, instituted

under Sections 419, 420, 467, 468 and 471/34 of the Indian Penal

Code.

4. The allegation against the petitioner is that he being

the Deed Writer was party to a fraudulent sale deed where the land

of the informant was sold by a lady claiming herself to be the

informant.

5. Learned counsel for the petitioner submitted that he is

only the Deed Writer and has no role in any fraud as he was not Patna High Court CR. MISC. No.36550 of 2020 dt.22-06-2021

privy to the factual position and is only the scribe. It was

submitted that the petitioner has no criminal antecedent.

6. Learned APP submitted that the petitioner is a key

player and the entire process of registration is routed through him.

7. Learned counsel for the informant submitted that the

petitioner is both Katib as well as Karamchari in the concerned

Sub Registry Office and, thus, was fully aware of the correct

factual position and in fact it is the Katib who ensures that all

documents required are in order and also guides the parties with

regard to the modalities, including the requirement of identity

proof of the person appearing before the Sub Registrar to execute

the deed of transfer. Thus, it was submitted that in the entire

episode of the fraud committed, the petitioner had a crucial role.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

9. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T