Patna High CourtCR. MISC./21138/2025bail granted

Amrit Sinha v. The State Of Bihar

2025-04-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21138 of 2025 Arising Out of PS. Case No.-817 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Amrit Sinha Son of Late Sudhir Kumar Sinha R/o Chitragupt Nagar, Kayasth Tola, Ward No.- 28/33, P.S. and District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinkar Kumar For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-04-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Saharsa Sadar Police Station Case No. 817 of 2024, dated 12.08.2024, disclosing offences under Sections 316(2)/318(4)/3(5) of the Bhartiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, is that a piece of land admeasuring four acres belonging to the informant was being used by his younger son, who was running a brick-kiln from the land, in question. On 26.07.2024, some persons arrived there, along with private "Amin" in order to measure the land and upon enquiry it was informed that informant's elder son i.e. the petitioner sold 87.28 decimal of the land to the purchasers

Patna High Court CR. MISC. No.21138 of 2025(2) dt.23-04-2025 2/3 by way of four sale deeds on 24.07.2024 and 25.07.2024 by showing the informant as dead "Late" in the sale deed.

4. Learned counsel for the petitioner submits that the property sold by the petitioner in favour of the bonofide purchasers was ancestral property and after family partition the land, which fallen in the share of the petitioner, was sold to two different persons by way of four sale deeds. He further submits that due to typographical error in the name of the petitioner's father prefix "Late" has been typed and for correction of the same the petitioner has sworn an affidavit on 29.07.2024 for submitting it before the Registrar by the purchaser which is prior to the lodging of the First Information Report, dated 12.08.2024.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.21138 of 2025(2) dt.23-04-2025 3/3 (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar Police Station Case No. 817 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J) ashwani/- U T