Anil Shukla @ Anil Kumar Shukla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33330 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- THAKRAHA District- West Champaran ====================================================== Anil Shukla @ Anil Kumar Shukla, aged abaout 62 years, Male, S/O Late Vikrma Shukla, resident of Village- Thakraha, P.S.- Thakraha, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Thakraha PS Case No.104 of 2023 dated 02.12.2023, instituted under Sections 420, 468, 467/34 of the Indian Penal Code.
3. The prosecution case, in short, is that the petitioner along with others have changed Jamabandi No.1074 as 1094, Khata No.2024 as 2022 and Khesra No.10764 as Khesra No.10754 in original document no.8073. The allegation is that he along with other created forged documents for mutation of the lands.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.33330 of 2024(3) dt.12-07-2024 2/3 case. It is submitted that the father of the petitioner had himself filed Mutation Case No.241 of 2017-18. The allegation that the petitioner had filed the application is false and misconceived. The petitioner has annexed certified copy of order-sheet of Mutation Case No.241 of 2017-18. Allegation against the petitoner is that in Mutation Case No.241 of 2017-18, petitioner had applied for partition mutation and in the genelogical table, which was annexed with the said petition, it was stated that Vikrama Shukla son of Sukhdeo Shukla is dead, but from the certified copy of the order-sheet of mutation case, it is clear that the said case was filed by Vikrama Shukla himself and not by the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bagaha, West Champaran, in Thakraha PS Case No.104 of 2023, subject to the conditions laid
Patna High Court CR. MISC. No.33330 of 2024(3) dt.12-07-2024 3/3 down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T