Rajan Prasad @ Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43870 of 2024 Arising Out of PS. Case No.-515 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Rajan Prasad @ Rajan Kumar Son of Kanti Prasad @ Kanti Bhushan Prasad Resident of Village- Badaharwa Siwan, P.S- Dhaka, Dist- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shamim Akhtar Son of Seikh Manir Resident of Village- Dhaka Ramchandra Tola Mohabbatpur, P.S- Dhaka, Dist-East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Asif Kalim, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-07-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Dhaka P.S. Case no. 515 of 2023 registered under sections 420, 467, 468, 471, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that though he had not sold any immovable property nor executed any sale deed, the accused persons including the petitioner Ranjan Prasad conspired and setting up an impostor as a vendor, got a forged sale deed registered in his name with respect to the informant's land. Hence this FIR.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.43870 of 2024(2) dt.15-07-2024 2/3 submits that the petitioner is innocent and has been falsely implicated in the case. He is not even beneficiary in the said sale deed nor has any role to play therein. On the face of it, the matter is purely a civil dispute for which Title Suit no. 139 of 2023 filed by the informant is already pending in the Court of learned Sub Judge-III, Sikrahana at Dhaka. The alleged sale deed was executed in favour of Sangita Devi with whom also the petitioner has no concern. It is submitted that co-accused Uttam Bhagat his wife Sangita Devi as also accused Kishore Bhagat, Bipin Bhagat and Jitendra Bhagat have been enlarged on regular bail vide order dated 24.4.2024 passed in Cr. Misc. no. 15607 of 2024 and order dated 10.5.2024 passed in Cr. Misc. no. 22450 of 2024 and Cr. Misc. no. 24304 of 2024 respectively.
5. The application for anticipatory bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R, Title Suit with respect to the subject matter already being pending in the Court of learned Sub Judge-III, Sikrahana at Dhaka vide Title Suit no. 139 of 2023 and grant of bail to the coaccused vide orders mentioned hereinabove, it is directed that
Patna High Court CR. MISC. No.43870 of 2024(2) dt.15-07-2024 3/3 the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Dhaka P.S Case no.515 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, Distrct-East Champaran.
(Partha Sarthy, J) Bibhash/- U T