Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6031 of 2025 Arising Out of PS. Case No.-245 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Vivek Kumar Son of Binod Singh R/V - Chaukhandipur, P.S - Biharsharif, Dist. - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Manoj Kumar, Advocate For the State :
Md. Sufyan, APP For the Informant :
Mr. Birendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 467, 468, 471, 420 and 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that this petitioner, along with co-accused Rupesh Kumar Singh prepared a false document of sale deed of Khata No. 500, Plot No. 209, Area- 10 decimal. The above sale deed was executed on 06.05.202 under a conspiracy by identifying Pintu Kumar for an amount of Rs. 4,50,000/-. In the sale deed, name of seller is mentioned as Vivek Kumar son of Baijnath Singh whereas according to Aadhar Card, name of father of this is mentioned as Binod Singh. Thereafter, the buyer Rajesh Kumar Singh has sold the
Patna High Court CR. MISC. No.6031 of 2025(2) dt.27-02-2025 2/3 same land to Udit Kumar and Girija Devi. Thus all the accused persons, including this petitioner, in a conspiracy, sold the land of informant fraudulently.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case with ulterior motive. Petitioner has sold his ancestral property in which he has right to sale. The dispute involved in this case is purely civil in nature and no criminal offence is made out against this petitioner. If there is any dispute with regard to right or title of the land in question, the same can only be decided by a Civil Court of competent jurisdiction. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of dispute and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.6031 of 2025(2) dt.27-02-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Nawada in connection with Muffasil P.S. Case No. 245 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T