Birendra Kumar @ Virendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8447 of 2023 Arising Out of PS. Case No.-745 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Birendra Kumar @ Virendra Paswan S/O Late Parmeshwar Paswan R/O Village- Rwaich, P.O. And P.S.- Bakhtiyarpur, Distt- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanyukta Devi W/o Rahera Jaysawal R/o Village- Behind of Rajkiya Madhya Vidyalaya South Sandalpur, P.O.- Mahendru, P.S.- Bahadurpur, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rana Baljit Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Though the Vakalatnama has already been filed on behalf of the opposite party no. 2 but nobody appears on her behalf.

3. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420/34 of the Indian Penal Code.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that though land in question has been sold by the mother of the petitioner in the year 2010 but the

Patna High Court CR. MISC. No.8447 of 2023(3) dt.18-07-2023 2/2 complaint has been filed in the year 2018. Petitioner is only identifier who has role only to extent that the certain person is Maro Devi. He submits that there is no direct and legal evidence against the petitioner in the complaint petition. He submits that the dispute is purely civil in nature. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 745 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T