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Patna High CourtCR. MISC./35093/2021bail granted

Anil Sharma @ Anil Kumar Sharma v. The State Of Bihar

2022-04-28Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35093 of 2021 Arising Out of PS. Case No.-361 Year-2017 Thana- DANAPUR District- Patna ====================================================== 1.

Anil Sharma @ Anil Kumar Sharma, Son of Late Rajendra Prasad Singh Resident of Village-Akbarpur, P.S.-Paliganj, District-Patna, presently residing at Birla Colony, P.S.-Phulwarisharif, District-Patna 2.

Sunil Sharma @ Sunil Kumar, Son of Late Rajendra Prasad Singh Resident of Village-Akbarpur, P.S.-Paliganj, District-Patna, presently residing at Birla Colony, P.S.-Phulwarisharif, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh, Adv.

Mr. Pushpendra Kumar Singh, Adv.

Ms. Divya Bharti, Adv.

For the Informant :

Mr. Dinkar Kumar, Adv.

For the State :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-04-2022 For the reason of this case having been filed about a year, it has been given priority hearing.

Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Danapur P.S. Case No. 361 of

Patna High Court CR. MISC. No.35093 of 2021(2) dt.28-04-2022 2/3 2017, dated 12.06.2017, instituted for the offences under Sections 420, 467, 468, 469, 471 and 472 of the Indian Penal Code.

The subject F.I.R. has come into existence on the basis of complaint lodged by the informant wherein the allegation is of forging the signature of the father, who is no more in the land of living, and alienating the property. It has been submitted on behalf of the petitioners that the dispute primarily is of civil nature and only in order to add serious colour to the dispute, such criminal case has been filed.

The counsel for the informant has also testified to the fact that a Title Suit is pending between the parties. Regard being had to the facts afore-stated, the petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Danapur, Patna

Patna High Court CR. MISC. No.35093 of 2021(2) dt.28-04-2022 3/3 in connection with Danapur P.S. Case No. 361 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T