Harendra Ram @ Harendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25351 of 2023 Arising Out of PS. Case No.-390 Year-2019 Thana- NAGAR District- Vaishali ====================================================== Harendra Ram @ Harendra Das Son Of Late Matukdhari Ram Resident Of Village- Dighi Kala West, Ps- Hajipur Sadar, Distt- Vaishali. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra For the Opposite Party/s :

Mrs. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 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, 406, 467, 468 & 120B/34 of the Indian Penal Code.

The petitioner in association of other co-accused is said to have manufactured several forged documents and on that basis got the sale deed executed in their favour. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, the main allegations of hatching conspiracy, fabrication of genealogical table and execution of power of attorney are levelled against co-accused, Ravindra Kumar and Lashman Raut. It is further submitted that the informant has

Patna High Court CR. MISC. No.25351 of 2023(2) dt.11-07-2023 2/2 suppressed the fact that co-accused Lakshman Raut is his uncle and he has sold the ancestral properties which fell in his share. There is inordinate and abnormal delay of two months in filing the complaint petition without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Several similarly situated co-accused have been enlarged on bail by this Court as well as the coordinate Bench of this Court and those orders have been annexed as Annexure-2 series to this application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hajipur Town P.S. Case No. 390 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.