Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3280 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== KAMLESH KUMAR S/o Late Sohar Singh Resident of Village- Mokari, Tola- Mokari, P.S.- Arwal, Disttt- Arwal.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Narian, Sr. Adv.
:
Mr. Arvind Prasad Singh For the Opposite Party/s :
Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 468, 467, 471, 420, 340 of the Indian Penal Code.
As per prosecution case, the informant alleged that the petitioner has got executed the land of informant in his favour by impersonating a lady in place of the informant and she put forged thumb impersonal and signature.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has got no forged execution in his name of the land of the informant and he has falsely been implicated in this case. It is further submitted vide para 13 & 14 of the petition that the
Patna High Court CR. MISC. No.3280 of 2023(2) dt.04-04-2023 2/2 informant should approach for the civil suit for cancellation of sale deed if the same has been executed by way of forgery in the name of the petitioner. If the said sale deed will be canceled by the competent court, there will be not objection of the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 23.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Arwal P.S. Case No. 301 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Arwal.
(Sunil Kumar Panwar, J) Amandeep/- U T