Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20755 of 2025 Arising Out of PS. Case No.-712 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.
Rakesh Kumar S/o- Nawal Kishore Yadav Village- Kurha Ps- Samho DistBegusarai 2.
Sikandar Kumar S/o- Nawal Kishore Yadav Village- Kurha Ps- Samho DistBegusarai 3.
Pinki W/o- Rakesh Kumar Village- Kurha Ps- Samho Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Adv.
Miss Vanshika Nupur, Adv.
For the Opposite Party/s :
Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 420, 467, 468, 471/34 of the Indian Penal Code.
3. As per the prosecution case, petitioners are alleged to be purchasers of the land, which is alleged to be sold by coaccused Ram Vilash Singh and Kanhaiya Kumar by creating forged and fabricated documents.
4. Learned counsel for the petitioners submits that petitioners are bona-fide purchasers of the land in question from
Patna High Court CR. MISC. No.20755 of 2025(2) dt.23-04-2025 2/3 rightful owner, as one Kharo Gope was the Khatiyani Raiyat of the alleged land and later on, son of Kharo Gope sold his entire land including the said land to one Babu Mahabir Prasad Singh, who is the great grand father of vendor Ram Vilash Singh and Kanhaiya Kumar and as such, the land in question was in peaceful possession of Ram Vilash Singh and Kanhaiya Kumar, which was sold to these petitioners. Moreover, the dispute is of civil nature and no criminal offence is made out. Informant has got other remedy.
5. However, learned counsel for the informant vehemently opposes the bail petition and submits that petitioners fraudulently purchased the land of informant and now, they are threatening the informant to withdraw the case.
6. Considering aforesaid facts and circumstances and the fact that dispute is purely of civil nature, the prayer for anticipatory bail is allowed. Let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 712 of 2023, subject to condition as laid down under
Patna High Court CR. MISC. No.20755 of 2025(2) dt.23-04-2025 3/3 Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T