Rakesh Kumar @ Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24496 of 2025 Arising Out of PS. Case No.-506 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== 1.

Rakesh Kumar @ Rakesh Kumar Singh S/o Late Ramswarath Singh R/o Vill.- Gyaspur, P.S.- Paroo, Distt.- Muzaffarpur 2.

Musmat Bindhyachal Devi @ Bindhyachal Singh W/o Late Ramswarath Singh R/o Vill.- Gyaspur, P.S.- Paroo, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhoo Kumar Suman, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471 and 34 of the IPC.

3. The prosecution story in brief is that on 05.10.2022, petitioner no. 2 namely, Musmat Bindhyachal Devi and her son, Rakesh Kumar Singh (petitioner no. 1) transferred 27.7 decimals of land to him through a sale deed. It is further alleged that petitioner no. 1, Rakesh Kumar Singh forcibly cultivated 11.4 decimals of land (Khesra No. 3246), claiming that it was wrongly included in

Patna High Court CR. MISC. No.24496 of 2025(3) dt.07-05-2025 2/3 the sale deed and demanded more money to rectify the mistake.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in the present case, it is next submitted that petitioners have no criminal antecedents, it is further submitted that the dispute is purely civil in nature which has wrongly been given a color of criminal case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the fact that petitioners have no criminal antecedents and also, prima facie, it appears to be a dispute relating to transfer of land between the informant and the petitioners which is a civil dispute.

7. Accordingly, the petitioners in the event of their arrest or surrender within four weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur in connection with Paroo P.S. Case No. 506 of 2022, subject to the

Patna High Court CR. MISC. No.24496 of 2025(3) dt.07-05-2025 3/3 conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Alok Kumar Sinha, J) Gaurav Sinha/- U T