← Library
Patna High CourtCR. MISC./18236/2025bail granted

Bhola Giri @ Bhala Giri v. The State Of Bihar

2025-11-24Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18236 of 2025 Arising Out of PS. Case No.-412 Year-2023 Thana- GARKHA District- Saran ====================================================== 1.

Bhola Giri @ Bhala Giri S/O Ram Ganesh Giri Resident of village- Mauna Mishir Toli, Nai Basti Morar, P.S.- Chapra town, District- Saran 2.

Savitri Devi W/O Bhola Giri @ Bhala Giri Resident of village- Mauna Mishir Toli, Nai Basti Morar, P.S.- Chapra town, District- Saran 3.

Manish Kumar Giri @ Manish Kumar S/O Bhola Giri @ Bhala Giri Resident of village- Mauna Mishir Toli, Nai Basti Morar, P.S.- Chapra town, District- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rina Devi W/O Pramod Kumar R/O Vill.- Tejpurwa, Tola Chainpur, P.S.- Marhowrah, Dist.- Saran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Dr. Rajesh Kumar Singh, Advocate For the State :

Mr. Binod Kumar, APP For Opposite Party No.2 :

Mr. Nalin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2025 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel for the informant/Opposite Party No. 2.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 342, 379, 384, 386, 427, 504, 506, 467, 468, 471 and 34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that Petitioner

Patna High Court CR. MISC. No.18236 of 2025(5) dt.24-11-2025 2/3 No. 2, namely Savitri Devi, fraudulently sold the same land to one Raj Kishor Yadav, which was earlier sold to the informant.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioner Nos. 1 and 3 have falsely been implicated in this case merely because Petitioner No. 1 happens to be husband and Petitioner No. 3 happens to be son of Petitioner No. 2. Moreover, the dispute is with regard to sale and purchase of land which is purely civil in nature and prior to lodging of the present complaint case, the informant has lodged a title suit bearing Title Suit No. 362 of 2023 on 06.04.2023 with respect to the same land which is pending before the learned Sub-Judge-I, Saran at Chapra in which Petitioner No. 2 is also a defendant. The present false and concocted case has been lodged only with a view to put pressure upon the petitioners and settle the civil dispute, Petitioners claim clean antecedents.

5. Learned A.P.P. for the State and learned counsel for the informant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.18236 of 2025(5) dt.24-11-2025 3/3 case, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged 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 Judicial Magistrate Ist Class, Saran at Chapra in connection with Garkha P.S. Case No. 412 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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