Gajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11610 of 2023 Arising Out of PS. Case No.-14 Year-2014 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

Gajendra Prasad Son of Ramdhurv Prasad R/o Village- Dhekaha Visunpur, P.S.- Muffasil, District- East Champaran at Motihari. 2.

Arabind Kumar Srivastava Son of Lalit Mohan Prasad R/o VillageTarkulwa, P.S.- Banjariya, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Town P.S. Case No.14 of 2014, registered for the offences punishable under Sections 323, 341, 420, 406, 467, 468, 120(b), 504 and 34 of the Indian Penal Code.

The petitioners are said to have transferred the land of the complainant in their names by committing forgery. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.11610 of 2023(2) dt.27-04-2023 2/2 application. It is further submitted that petitioner no.1 is family member of the complainant/informant and petitioner no.2 is the deed writer. It is also submitted that the complainant/informant has filed a partition suit being Partition Suit No.79/2015 against the father of petitioner no.1. It is lastly submitted that the dispute between the parties is purely civil in nature. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.

25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Town P.S. Case No.14 of 2014, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.