Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11451 of 2024 Arising Out of PS. Case No.-447 Year-2017 Thana- SONEPUR District- Saran ====================================================== Pawan Kumar Son Of Jaynath Ray R/O Presently Residing At Vill.- Mudthan, Nayagaon, P.S.- Sonepur, Distt.- Saran And Permanent Resident Of VillageParmanandpur, P.S.- Sonepur, Distt.- Saran-841101, Bihar ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saket Anand, Adv.
For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Sonepur (Saran) P.S. Case No. 447/2017 dated 20.10.2017 registered for the offences punishable u/ss 420, 467, 468, 469, 470, 471, 120B of the Indian Penal Code.
3. As per the prosecution case, the informant and his grand father purchased the land from Indrajeet Kaur on 22.09.1951 and he has been continuing in its possession. The accused Chhatrabali Rai was executed a forged sale deed in favour of the petitioner and the other accused persons. It is further alleged that the accused persons threatened the informant and also assaulted him and snatched Rs. 5000/- from his pocket
Patna High Court CR. MISC. No.11451 of 2024(3) dt.18-03-2024 2/3 including one gold chain worth Rs. 35,000/-. Thereafter, the informant has lodged the present case against the petitioner and the co-accused persons.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a bonafide businessman involved in the transportation of construction materials and he has no concern with the alleged offence. The dispute between the parties in the instant case is purely civil in nature. The petitioner is the purchaser of the said land. The allegation of snatching against the petitioner is general and omnibus. The petitioner has four criminal antecedents as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran in
Patna High Court CR. MISC. No.11451 of 2024(3) dt.18-03-2024 3/3 connection with Sonepur P.S. Case No. 447/2017, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T