Jitendra Prasad Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33833 of 2024 Arising Out of PS. Case No.-360 Year-2014 Thana- BIHAR District- Nalanda ====================================================== Jitendra Prasad Sinha Son of Rabindra Prasad Resident of Village- Onda, P.S.- Sare, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pankaj Kumar, Advocate For the State :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 419, 420, 460, 468, 471 and 120B of the Indian Penal Code.

3. As per prosecution case, land of the informant was illegally sold by all the accused persons, including this petitioner, to one Bikas Kumar. This petitioner is alleged to be deed writer of the aforesaid sale deed.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner is neither seller nor beneficiary of the alleged sale deed. Petitioner is only deed writer of the sale deed. It is further submitted that similarly situated co-accused person, namely Jitendra Prasad, has already been granted privilege of anticipatory bail by a Co-ordinate

Patna High Court CR. MISC. No.33833 of 2024(3) dt.01-07-2024 2/2 Bench of this Hon'ble Court in Cr. Misc. No. 13811 of 2015 (Annexure P/3 to this application. Moreover, the dispute between the parties has already been settled. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, claim based on parity, the fact that the resolve has already been compromised and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsarif, in connection with Bihar P.S. Case No.360 of 2014, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T