Bharat Prasad Singh @ Bharat Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23353 of 2024 Arising Out of PS. Case No.-247 Year-2022 Thana- SATHI District- West Champaran ====================================================== Bharat Prasad Singh @ Bharat Singh, Son of Baidnath Singh Resident of vill.-Somgarh, P.S.-Sathi, Distt.-West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhannjay Kumar No 2 For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-08-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 406, 467, 409, 471 and 120(B) of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that after death of her parent, she came in possession over the land falling in share of her parents along with the sister. Further, they sold a piece of land as detailed in the F.I.R. on 23.01.2020 to Subhash Yadav and gave him possession. Further, the accused persons including the petitioner got a forged Will of her mother and thereafter, Suresh and
Patna High Court CR. MISC. No.23353 of 2024(3) dt.21-08-2024 2/3 Umesh got their signature on a blank paper and they signed believing Suresh, who is a Ward Member, that some government funds have to come. It is next alleged that petitioner sold her another land to a person based on the forged Will.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is also submitted that in the nature of allegation, the dispute appears to be civil to which a criminal colour has been given. It is next submitted that petitioner is nephew of the mother of the informant and the mother of the informant had made a Will in his favour for which, Probate Case No.23 of 2020 has been filed on 11.09.2020, in which the informant and his sister are defendants and the Probate Case is pending in the Court of the Court of learned District Judge, West Champaran at Bettiah.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.23353 of 2024(3) dt.21-08-2024 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, West Champaran in connection with Sathi P. S. Case No.247 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T