Anirudh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38815 of 2024 Arising Out of PS. Case No.-649 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== ANIRUDH GIRI SON OF LATE VIVEKANAND GIRI Resident of Village - Mathauli Khas, P.S. - Uchakagaon, District - Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-09-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Gopalganj Town P.S. Case No. 649/ 2018 dated 03.11.2018 registered for the offence(s) punishable under Section(s) 420, 467, 468, 471, 474, 120B of the Indian Penal Code.

3. Mr. Javed Aslam, learned counsel for the petitioner submits that the instant matter is based on a complaint filed by Satyapal Arya but in the entire complaint there is no allegation against this petitioner and during investigation on the basis of some observation made by the supervisory authority the petitioner has been made accused in the present matter as well as three other cases. It is further submitted that as per allegation, co-accused, Radhika Devi filed Title Suit No. 236 of 1996

Patna High Court CR. MISC. No.38815 of 2024(5) dt.20-09-2024 2/3 against the father of the complainant and succeeded to get a decree in that suit by impersonating the complainant's father and others and thereafter, she also filed Execution Case No. 15 of 2017 but the petitioner was not a party in both the cases and in this regard, he has filed supplementary affidavit with the copy of the plaint of the suit as well as copy of the Execution petition. Learned counsel further submits that during investigation none of the witnesses examined by the I.O. levelled any kind of allegation against this petitioner and charge sheet was submitted against Ganga Deyal Yadav and Radhika Devi showing them to be the main accused.

4. Mr. Awadhesh Kumar Singh, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly taking into account the facts that the petitioner is not named in the complaint and he has been made accused mainly on the basis of observation made by the supervisory authority, as submitted above, and he is not stated to be a party in the civil litigations in which the allegation of forgery by impersonating complainant's father and others has been levelled, in my opinion, it is a fit case for grant of anticipatory bail to the

Patna High Court CR. MISC. No.38815 of 2024(5) dt.20-09-2024 3/3 petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Gopalganj Town P.S. Case No. 649/ 2018 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) BKS/- U T