Arun Kumar Agrwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33172 of 2025 Arising Out of PS. Case No.-1542 Year-2024 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Arun Kumar Agrwal Son of Late Ishwar Chand Agrwal Resident of VillMugeriganj, Ward No. 33, P.S.- Nagar, District- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Prakash Kumar Agrwal Son of Sukhdeo Narayan Agrawal R/OMungeriganj Main Market, Ward No. 33, P.S.- Nagar, District- Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Archana Sinha, Sr. Adv.
:
Mr. Ashok Kumar, Adv For the Opposite Party/s :
Mr. Surendra Kumar, APP For the O.P. No. 2 :
Mr. Fazle Karim, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the complaint and apprehended his arrest in connection with Complaint Case No. 1542 C of 2024 registered for the offences punishable under Sections 61(2) and 338 of the BNS.
3. Allegation against the petitioner is to
2/4 involve/indulge in cheating of complainant by creating forged documents regarding a piece of land, description of which is available in complaint petition, itself.
4. Mrs. Archana Sinha, learned senior counsel appearing on behalf of the petitioner submitted that petitioner is neither purchaser nor seller of the disputed piece of land, rather he is a mere witness. It is submitted that complainant is in habit of filing false complaints against other innocent persons and as per instructions complainant filed about 23 cases against innocent persons out of which list of 10 cases have been mentioned in para-8 of the present bail petition. It is submitted that there is no allegation against this petitioner and he being witness committed nothing wrong, while executing the sale-deed. It is also submitted that Title Suit No. 08 of 2023 is still pending between the parties before Subordinate Court, Begusarai. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.
3/4
5. Learned APP duly assisted by learned counsel appearing on behalf of O.P. No. 2 could not dispute the fact that petitioner was only witness of the disputed sale-deed. It is also submitted by learned counsel for O.P. No. 2 that he had instruction that petitioner is found involved in other criminal case also.
6. In view of aforesaid facts and circumstances and by taking note of the fact as petitioner is only witness of the disputed sale deed for which title appeal is also pending between the parties, coupled with the fact as petitioner is a man of clean antecedent, accordingly petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Begusarai/concerned Trial Court where the case is pending in connection with Complaint Case No. 1542 C of
4/4 2024 subject to the conditions as laid down under Section 482(2) of the BNSS with a condition:-
1. It is made clear that before accepting bail bond of petitioner his criminal antecedent be verified and if he found in any other criminal case contrary to his statement as mentioned on affidavit the bail bond as furnished by petitioner shall not be accepted by the Court concerned/Trial Court.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T