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Patna High CourtCR. MISC./41217/2024bail granted

Sibeshwar Thakur @ Sibeshwar Kr Thakur v. The State Of Bihar

2024-07-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41217 of 2024 Arising Out of PS. Case No.-2636 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Sibeshwar Thakur @ Sibeshwar Kr Thakur Son Of Late Bharat Thakur Resident Of Village- Belwa, P.S.- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shivdhari Sah Son Of Late Ratan Sah Resident Of Village- Belwa, P.S.- Lauriya, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

Mr. Bimlesh Kr. Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 467, 468 of the Indian Penal Code.

3. It is alleged that this petitioner purchased the land of the complainant on the basis of forged and fabricated documents.

4. It is submitted on behalf of the petitioner that allegations made in the complaint petition are predominantly civil in nature. No acts, as mentioned in the complaint petition, allegedly committed by the petitioner, give rise to any criminal liability. It is next submitted that after filing of the present case,

Patna High Court CR. MISC. No.41217 of 2024(2) dt.15-07-2024 2/2 complainant has also filed an application for cancellation of the sale deed vide Title Suit No. 240 of 2023. Petitioner claims clean antecedent.

5. Learned counsel for the O.P. No. 2 vehemently opposed the bail application.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Complaint Case No. 2636C of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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