← Library
Patna High CourtCR. MISC./25597/2024allowed

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

2024-09-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25597 of 2024 Arising Out of PS. Case No.-856 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Mukesh Singh @ Mukesh Kumar Singh Son of Hirdya Kumar R/o Vill.- Rulahi, P.S.- Majhaulia, Dist.- West Champaran 2.

Dinesh Kumar Singh @ Dinesh Kumar Son of Rambodh Singh R/o Vill.- Rulahi, P.S.- Majhaulia, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Kirti For the Opposite Party/s :

Mr. Tapeshwar Sharma Mr. Dhurendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2024 Heard the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 467, 468, 471, 420, 34 of the Indian Penal Code.

3.

As per the FIR, petitioners purchased the land in question of the complainant by means of a forged sale deed. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He further submitted that petitioners purchased the said land in the year 2023 and the case of the complainant is that he had purchased the same land in the year 1973 and petitioners, by

Patna High Court CR. MISC. No.25597 of 2024(3) dt.18-09-2024 2/2 committing forgery, purchased his land. He further submitted that complainant has already filed a title suit bearing title suit no.17 of 2024, which is pending before the competent court. Petitioner no.1 has three criminal antecedents and petitioner no.2 has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the complainant opposed the prayer for anticipatory bail. 6.

Having regard to the facts and circumstances of the case as this is a case of civil dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Majhaulia P.S. Case No.856 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T