Arun Chandra Mishra @ Arun Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32370 of 2024 Arising Out of PS. Case No.-1181 Year-2023 Thana- COMPLAINT CASE District- Araria ====================================================== ARUN CHANDRA MISHRA @ ARUN KUMAR MISHRA S/O LATE ANIRUDH MISHRA R/O VILLAGE- DORRA, P.S- BALUA BAZAR, DISTT.- SUPAUL, AT PRESENT RESIDENT OF VILLAGENARPATGANJ, P.S- NARPATGANJ, DISTT.- ARARIA. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR BIHAR 2.
SUBHASH CHANDRA MISHRA S/O LATE ANIRUDH MISHRA R/O VILLAGE- DORRA, P.S- BALUA BAZAR, DISTT.- SUPAUL. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Complaint Case No. 1181 of 2023 dated 12.06.2024 registered for the offence/s punishable u/ss 420, 465, 467, 468 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have forged the Panchnama and mutated their names in the records of right showing Indrakala Devi dead, however the informant was alive and the petitioner transferred total 26.35 acres of land.
Patna High Court CR. MISC. No.32370 of 2024(2) dt.23-05-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is a case of civil dispute. The complainant came to know about the said forgery in the year 2003 and against the order of the mutation he had filed Mutation Appeal before the Land Record Deputy Collector (LRDC), Forbesganj, Mutation Revision before the Additional Collector and Bihar Land Tribunal case before Bihar Land Tribunal but he did not file any criminal case. The present complaint case was filed after 21 years of the alleged occurrence without giving any reasonable cause. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Araria in connection with Complaint Case No. 1181 of 2023, subject to conditions as laid
Patna High Court CR. MISC. No.32370 of 2024(2) dt.23-05-2024 3/3 down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T