Sarvesh Kumar @ Sarves Kumar @ Vikky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3230 of 2022 Arising Out of PS. Case No.-254 Year-2021 Thana- CIVIL LINE District- Gaya ====================================================== 1.

Sarvesh Kumar @ Sarves Kumar @ Vikky Son of Animesh Kumar Resident of Mohalla - Vishnu Colony, Police Station - Muffassil, District - Gaya. 2.

Brajesh Kumar Son of Virendra Kumar Yadav Resident of Village - Kathautiya, Police Station - Magadh Medical, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2022 At the outset, counsel for petitioners seeks permission to withdraw the anticipatory bail application of petitioner no. 1 Sarvesh Kumar @ Sarves Kumar @ Vikky, as during pendency of this case, petitioner no. 1 has already been arrested. Prayer is allowed. The anticipatory bail application is dismissed as withdrawn having become infructous. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Civil Lines P.S. Case No. 254 of 2021, registered for the offences punishable under Section 420 and other allied sections of the Indian Penal Code.

As per the FIR, all the accused persons named in the

Patna High Court CR. MISC. No.3230 of 2022(2) dt.26-07-2022 2/2 FIR including this petitioner conspired and created forged document and executed sale deed by impersonating to be owner of the land.

It is submitted that petitioner is neither purchaser nor seller of the land in question he is simply alleged to be a broker. Moreover, the dispute is of civil nature and sale deed is in favour of co-accused. Similarly situated co-accused has been granted bail by this court vide order dated 17.02.2022 passed in Cr. Misc. No. 69523 of 2021. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner no. 2 above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Civil Lines P.S. Case No. 254 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T