Krishna Kumar Agarwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10646 of 2024 Arising Out of PS. Case No.-178 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== KRISHNA KUMAR AGARWAL S/O- RADHA KRISHNA AGARWAL R/OVILLAGE- CHENARI, P.O- CHENARI, P.S.- CHENARI, DIST.- ROHTAS AND PRESENTLY RESIDING AT MOHALLA- N/11/113B 8A, RANIPUR, MAHMOORGANJ, P.S.- VARANASI, DIST.- VARANSI, UTTARPREDESH.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR, PATNA 2.

VIJAY KUMAR AGARWAL S/O- RADHA KRISHNA AGARWAL R/OVILLAGE- CHENARI, P.O- CHENARI, P.S.- CHENARI, DIST.- ROHTAS AND PRESENTLY RESIDING AT MOHALLA SA 4/17A, DAULATPUR, PANDEYPUR, P.S.- VARANASI, DIST.- VARANSI, UTTARPRADESH. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP Mr.Bibhakar Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 406 of the IPC. 3.

Allegation against the petitioner is that he along with other co-accused sold the share of land belonging to the complainant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to the land dispute.

Patna High Court CR. MISC. No.10646 of 2024(2) dt.22-02-2024 2/2 It is further submitted that it is a case of family dispute over partition of land and is completely civil nature of dispute. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, since there is civil dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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.178 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T