Ramadhar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29789 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== RAMADHAR SINGH SON OF RAGHUNANDAN SINGH R/O-VILLRAYPURA P.S.- AURANGABAD MUFFASIL, DIST.- AURNAGABAD (AURANGABAD) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 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, 341, 323, 467, 468, 120B, 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 accused persons prepared a forged and fabricated sale deed in favour of accused no. 6 to 10 in the F.I.R and mutation was done in their name and on that basis they were claiming possession over the land in question, further the sale deed was not registered from the Registry Office rather was forged and based on such sale deed, the land was mutated in the
Patna High Court CR. MISC. No.29789 of 2022(2) dt.16-11-2022 2/3 name of Dashrath Singh who had died 15 years ago, it is further alleged that based on forged sale deed dated 04.07.2019 executed in favour of Bablu, mutation was also done, it is alleged that on inquiry informant came to know that her father had never sold the land. It is next alleged that a Title Suit No. 74 of 2020 is pending in the Court of learned Sub-Judge-I, Aurangabad in which there is an order restraining sale and purchase during pendency of the title suit.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the present F.I.R arises out of a complaint and from perusal of the same it would manifest that the complainant does not allege anything specific against the petitioner rather the allegations against him are general and omnibus in nature, it is also submitted that the dispute primafacie appears to be civil in nature and a title suit is already pending. Learned counsel further submits that petitioner has neither purchased nor sold the land of the informant nor he is witness on any sale deed purported to have been executed for selling the land of the father of the informant. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.29789 of 2022(2) dt.16-11-2022 3/3 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Muffasil P.S. Case No. 56 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T