Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35621 of 2023 Arising Out of PS. Case No.-295 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Vikash Kumar Son Of Kailash Singh Resident Of Village- Kudhni, PsKudhni, Distt- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Alka Singh Wife Of Dr. Ranjit Kumar Singh Resident Of VillageKudhni, Ps- Kudhni, Distt- Muzaffarpur, And At Present Resident Of Mohalla- 1c 606, Awidipta 401 Barakhola Mukundpur Sauth Pargana, West Bengal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged in the FIR that the accused persons sold a piece of land to the informant on the consideration money of Rs. 11 lacs but later on, she came to know that the said piece of land has already been mortgaged before Bank of India, Kerma Branch.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.35621 of 2023(2) dt.27-07-2023 2/2 specific rather general and omnibus in nature. He submits that the petitioner is the husband of co-accused Baby Kumari, who executed the sale deed of land in question in favour of the informant as well as he is a witness in the said sale deed. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is a civil nature dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kudhni P.S. Case No. 295 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T