Akhileshwar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32060 of 2024 Arising Out of PS. Case No.-545 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Akhileshwar Pandey son of Late Krishan Mohan Pandey R/O - Village Mathiya Brit, Ward No. 8, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ram Krishna Pandey son of Dhrup Narayan Pandey Resident of VillageMathiya Brit Ward no.8, p.s- Manjauliya district - West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan For the Opposite Party/s :
Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Majhaulia P.S. Case no. 545 of 2023 instituted for the offence under Sections 341, 323, 467, 468, 471, 420, 427, 385, 506/34 of the Indian Penal Code.
3. As per allegation in the FIR, informant's mother is registered owner of a land in question to which petitioner has sold to co-accused Bhola Ram fraudulently by making forged documents.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.32060 of 2024(8) dt.19-03-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. Both parties are agante. The subject matter of this case is dispute of Khatiyani land of the petitioner and the informant. Petitioner has sold the land of his own share and possession. Partition Suit No. 49 of 2016 is going on with respect to joint property for partition between the parties. Land in question is also mentioned in the said partition suit, which has been filed by son of the petitioner against the informant and informant is father of one of the defendants in this case. So, there is bonafide land dispute between the parties.
5 .Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Manjhaulia P.S. Case no. 545 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten
Patna High Court CR. MISC. No.32060 of 2024(8) dt.19-03-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah subject to the conditions as laid down under section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) sushma/- U