Gangadhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26496 of 2025 Arising Out of PS. Case No.-63 Year-2020 Thana- ALOULI District- Khagaria ====================================================== Gangadhar Singh Son of Jagdev Prasad Singh Resident of Village- Baletha, P.S. -Beldaur District -Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmatma Singh For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Alauli P.S. Case No. 63/2020 arising out of G.R. No.602/2020 registered for the offences punishable under Sections 409, 420, 467, 468 and 34 of the Indian Penal Code.

3. As per prosecution case, the informant of the case alleged that the Revenue Clerks including the petitioner are working at Beldaur Circle have illegally issued rent receipts of the land of one Chandan Thakur. It is further alleged that in the year 2001, a Bandobasti Case No.7/2001-02 was instituted in which Parwana was granted to said Chandan Thakur under the seal and signature of the then S.D.O. and the D.C.L.R., Khagaria as well as the Circle Officer, Alauli.

Patna High Court CR. MISC. No.26496 of 2025(2) dt.07-05-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears no criminal antecedent. The petitioner was retired in the year 2012 and Jamabandi was created in the year 2001 vide Bandobasti Case No.07/2001-02 in favour of Chandan Thakur which was latter on cancelled by the authority concerned, during tenure of his service, no such order has been communicated to the petitioner. Hence, question of dereliction of duty by the petitioner does not arise. He further submits that on similar and identical allegation, co-accused Satyanarayan Jha has already been granted anticipatory bail by the co-ordinate Bench of this Court vide Cr. Misc. No.47551/2023 and on the principle of parity the petitioner deserves same treatment.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, on similar and identical allegation co-accused has already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or

Patna High Court CR. MISC. No.26496 of 2025(2) dt.07-05-2025 3/3 surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of learned Judicial Magistrate-1st Class, Khagaria in connection with Alauli P.S. Case No. 63/2020, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T