Ashok Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23850 of 2022 Arising Out of PS. Case No.-400 Year-2021 Thana- MASHRAK District- Saran ====================================================== ASHOK PRASAD Son of Late Asarfi Prasad Resident of village - Pakri Narottam, P.O.- Satjora Bazar, P.S.- Panapur, District - Saran at Chapra, Pin Code - 841410.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that she is an illiterate lady and the accused persons, including the petitioner, in the name of getting her benefit under Kisan Scheme and old age pension took her to Block Office, Mashrak and got prepared some documents in the name of getting the aforesaid benefits and fraudulently got a sale deed executed and it was only when her brother came, that the said

Patna High Court CR. MISC. No.23850 of 2022(2) dt.09-11-2022 2/3 forgery came to light.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that informant on her own volition had executed the sale deed but later when her brother prompted her, the present false case came to be instituted. It is further submitted that the dispute is purely civil in nature but a criminal color has been given, it is also submitted that if what has been alleged in the FIR is true then informant has remedies available in law by filing an application for getting the sale deed canceled. It is next submitted that similarly situated co-accused have been granted anticipatory bail vide order dated 09.11.2022 in Cr. Misc. No. 23446 of 2022.

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

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.23850 of 2022(2) dt.09-11-2022 3/3 case is pending/successor court in connection with Mashrakh P.S. Case No. 400 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T