Binod Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11054 of 2025 Arising Out of PS. Case No.-86 Year-2024 Thana- BALTHAR District- West Champaran ====================================================== Binod Das S/o- Late Jiwat Das Village- Dhankutwa PS-Balthar Distt- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Deovind Kumar Singh, Advocate For the State :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 316(2), 319(2), 318(4), 338, 336(3), 61(2) and 3(5) of the B.N.S..

3. As per prosecution case, all the F.I.R. named accused persons, including this petitioner, fraudulently executed registered gift-deed of land of informant in favour of Durga Mata Temple.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that petitioner is neither donor nor donee of the land in question. As a matter of fact, petitioner is only Sawait of Durga Mata Temple in whose favour co-accused persons are

Patna High Court CR. MISC. No.11054 of 2025(2) dt.18-03-2025 2/2 alleged to have executed gift-deed. Moreover, the dispute is civil in nature and no criminal offence is made out against this petitioner. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bettiah, West Champaran in connection with Balthar P.S. Case No. 86 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T