Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17646 of 2024 Arising Out of PS. Case No.-7 Year-2015 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

Munna Kumar Son of Parsuram Singh Resident of vill.-Pachrukhi, P.S.- Khijarsarai, Distt.-Gaya, Bihar 2.

Shobha Devi Wife of Munna Kumar Resident of vill.-Pachrukhi, P.S.- Khijarsarai, Distt.-Gaya, Bihar ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Brijeshwar Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Khizersarai P.S. Case No. 07 of 2015 dated 06.01.2015 registered for the offences punishable u/ss 406 and 420 of the Indian Penal Code.

3. As per the prosecution case, the petitioners are alleged to have sold the informant's land after preparing forged document of the said land.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Learned counsel has further submitted that the real fact is that the informant of this case has sold his share of personal property and wanted to sell of his brother Munna Kumar's property also. The father of the informant and the petitioner executed the rest property in favour of

Patna High Court CR. MISC. No.17646 of 2024(2) dt.01-04-2024 2/2 the daughter-in-law, Shobha Devi to save from the informant greedy eye. It is further submitted that the petitioners have no concern with the alleged offence. Learned counsel has further submitted that it is a case of civil dispute. The petitioner is the full brother of the informant. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned court concerned, Gaya in connection with Khizersarai P.S. Case No. 07 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T