Bhola Sahni @ Bhola Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25587 of 2023 Arising Out of PS. Case No.-863 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Bhola Sahni @ Bhola Sahani Son Of Ramadhya Sahni @ Ramagya Sahani Resident Of Village - Raghunathpur, P.S.- Raghunathpur (O.P.), District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Turkauliya (Raghunathpur O.P.) P.S. Case No. 863 of 2022 registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code pending in the Court of learned Judicial Magistrate, 1st Class, East Champaran, Motihari. As per the prosecution case, the informant came to know that accused persons under conspiracy have sold 12 decimal land to someone by creating forged and fabricated documents, in which the petitioner is identifier. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.25587 of 2023(2) dt.12-07-2023 2/2 there is no role of the petitioner in sale deed executed between Shree Mayank (seller) and Shri Himanshu Kumar (purchaser), the petitioner is only identifier. He further submits that it is civil dispute between the parties. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is also involved in the present case.

Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that the petitioner has no criminal antecedent.

(Anjani Kumar Sharan, J) anand/- U T