Rajesh Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26373 of 2023 Arising Out of PS. Case No.-466 Year-2022 Thana- DUMRAO District- Buxar ====================================================== RAJESH TIWARY S/O LATE LALAN TIWARY Resident of House No.- 553/214 Chaugai, P.S.- Murar, District- Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Chaubey, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Dumraon P.S. Case No.- 466 of 2022 registered for the offences punishable under Sections 467, 468, 471, 120(B), 420 and 34 of the Indian Penal Code. He has got no criminal antecedent.

3. As per the prosecution story, the petitioner in connivance with few other persons had executed a sale deed fraudulently belonging to the informant and his two brothers in favour of four persons namely Abhishek Kumar Pandey, Piyush Kumar, Raju Singh and Vikas Kumar Singh. He prepared forged documents and in this manner he tried to grab the property of the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26373 of 2023(3) dt.30-08-2023 2/2 petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner has got no criminal antecedent.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstances of the case it is alleged that the petitioner has fraudulently executed a sale deed in respect of the properties in question and this has been done with an intention to grab the property of the informant and further on noticing that the prayer for grant of pre-arrest bail of co-accused Raju Singh @ Raju Yadav has been rejected by this Court vide order dated 16.05.2023 passed in Cr. Misc. No. 7145 of 2023, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

7. The prayer for anticipatory bail of the petitioner is refused.

8. In case the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer shall be considered on its own merit without being prejudice by the order of this Court.

9. This application stands disposed of.

(Rajeev Ranjan Prasad, J) tusharika/- U T