Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20960 of 2022 Arising Out of PS. Case No.-684 Year-2020 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== 1.

RAJENDRA PRASAD S/o Nandkishore Ram R/o Vill - Imambara Mirjapur, P.S. - Nawada, Distt.- Nawada.

2.

Saurav Kumar S/o Manoj Pandey R/o- Vill Nanaura, P.S. - Nardiganj, Distt.- Nawada.

3.

Subhash Chaudhary S/o Ramashish Chaudhary R/o- Vill Nanaura, P.S. - Nardiganj, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 420, 467, 468 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The complainant alleges that the petitioners along with Sandip Singh fraudulently got the sale deed executed of his land by his mother as detailed in the FIR. Further, the mother

Patna High Court CR. MISC. No.20960 of 2022(2) dt.02-11-2022 2/3 disclosed that she neither received money nor has sold the land. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that mother of the informant sold the land in question in favour of Sandip Singh and petitioner no. 1 was the deed writer, petitioner no. 2 has identified the seller and petitioner no. 3 was a witness on the sale deed. It is next submitted that Sandip Singh has been granted anticipatory bail by order dated 31.08.2022 in Cr. Misc. No. 8316 of 2022 and the case of the petitioner is on a better footing. It is also submitted that even presuming what has been alleged is true without admitting the same then the dispute is purely civil in nature and if the informant is aggrieved by the alleged sale deed then he has remedy available in law.

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

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.20960 of 2022(2) dt.02-11-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 684 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T