Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16317 of 2024 Arising Out of PS. Case No.-613 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== Mukesh Kumar Son Of Kamdeo Singh Resident Of Village- Kathar Ps -Sherghati District- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Barjesh Kumar S/O-Suresh Prasad Mandal R/o Vill- Takheem PS- Rafiganj Dist- Aurangabad At Present Vill-Padri Ps- Dobhi, Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code.
3. Allegation against the petitioner is that he along with other F.I.R. named accused persons sold a piece of land and executed sale deed in favour of wife of the informant for consideration of Rs. 15 lacs but during mutation process he came to know that the land in question had already been sold to someone else.
4. Learned counsel for the petitioner submits that petitioner is merely witness to the sale deed and he has not
Patna High Court CR. MISC. No.16317 of 2024(4) dt.25-06-2024 2/2 received any money from the informant. Petitioner had no knowledge about the earlier sale deed. He lastly submits that the case is of civil nature and informant has got alternative remedy before the civil court.
5. However, learned A.P.P. for the State vehemently opposed the bail application and submitted that all the accused persons including this petitioner cheated the informant and he has got three criminal antecedents of similar nature.
6. Considering the nature of allegation and criminal antecedents, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J) Navya/- U T