Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17401 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== 1.

SUNIL KUMAR SON OF SRI SURESH SINGH RESIDENT OF VILLAGE - ALWAL CHACK, P.S.- RAMPUR CHORAM, DISTT. - ARWAL 2.

RANJAN KUMAR SON OF SRI RAMASHISH SINGH RESIDENT OF VILLAGE - ALAWAL CHACK, P.S. - RAMPUR CHORAM, DISTT. - ARWAL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-05-2023 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State. This application, for grant of anticipatory bail, arises out of Arwal Police Station Case No. 301 of 2022, dated 04.07.2022, disclosing offences punishable under Sections 468/467/471/420/340 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that co-accused Kamlesh Kumar got a sale deed executed in his favour pertaining to five kathas of land belonging to the informant by impersonating the informant with another lady in place of the informant. The petitioners are said to be the witnesses to the sale deed executed in favour of co-

Patna High Court CR. MISC. No.17401 of 2023(2) dt.30-05-2023 2/3 accused Kamlesh Kumar.

Learned Counsel for the petitioners submits that the petitioners have merely been implicated in this case because they are witnesses to the sale deed, in question. He further submits that the petitioners are not the beneficiaries of the land in question and co-accused, Rajendra Singh, who is the deed writer, has been granted anticipatory bail by a co-ordinate Bench of this Court, vide order, dated 03.01.2023, passed in Criminal Misc. No. 58739 of 2022.

Regards being had to the submissions advanced on behalf of petitioner and taking into consideration the nature of dispute and the fact that the petitioners are merely the witnesses to the alleged sale deed and co-accused person has been granted bail by this Court, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal, in connection with

Patna High Court CR. MISC. No.17401 of 2023(2) dt.30-05-2023 3/3 Arwal Police Station Case No. 301 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √