Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17100 of 2025 Arising Out of PS. Case No.-473 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== DHARMENDRA KUMAR S/o- Achha Raut Village- Purandra Ps- Bhelahi Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Devlal Singh, aged 59 years, S/o - Late Shivpujan Prasad Singh, R/o - Village- Ujjain Lohiyar, P.S. - Harsidhi, Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 120(B) of the Indian Penal Code.

3. Complainant, namely, Devlal Singh alleged that his younger brother Digamber Narayan in connivance with this petitioner, who was Gram Sevak at the relevant time, fraudulently prepared a fake death certificate of their father editing the date of death to 20.06.2020 instead of actual date i.e. 14.05.2020. It is further alleged that using the forged document, this petitioner and his younger brother withdrew Rs. 2,99,680/- between May 2020 to February 2021 from pension account of

Patna High Court CR. MISC. No.17100 of 2025(5) dt.13-10-2025 2/3 the deceased.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter of fact, there is feud between complainant and his brother and due to the dispute between brothers, this petitioner has falsely been implicated in this case. Petitioner has not gained from the alleged issuance of fake certificate. Rather, main beneficiary was co-accused Digamber Narayan who has already been granted anticipatory bail by this Court vide order dated 09.07.2025 passed in Cr. Misc. No. 19215 of 2025 on the basis of his undertaking to deposit the entire alleged amount in Nazarat of concerned Civil Court. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.17100 of 2025(5) dt.13-10-2025 3/3 Magistrate, East Champaran, Motihari in connection with Harsiddhi P. S. Case No. 473 of 2023, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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