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Patna High CourtCR. MISC./37259/2023allowed

Nitesh Singh @ Nitesh Kumar Singh v. The State Of Bihar

2023-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37259 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== NITESH SINGH @ NITESH KUMAR SINGH SON OF ASHOK SINGH VILLAGE MAJHAWA, PS- ARA TOWN, DISTRICT- BHOJPUR ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 468, 471 and 472/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner along with other co-accused persons under conspiracy against the informant want to grab the land of the informant by showing some fake documents.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that only on the basis of the suspicion, the petitioner has been made accused in the present case. He submits that there is no specific overt act against the petitioner. He further submits that petitioner and other accused persons

Patna High Court CR. MISC. No.37259 of 2023(2) dt.31-07-2023 2/2 have disturbed the possession of the informant from the aforesaid puchase land, rather the informant who wanted to grab the land of the petitioners without any payment of consideration money, due to which the dispute arose between both the parties. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, 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, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Ara Town P.S. Case No.241/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T