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Patna High CourtCR. MISC./38804/2023allowed

Sanjay Singh v. The State Of Bihar

2024-02-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38804 of 2023 Arising Out of PS. Case No.-205 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SANJAY SINGH S/O LATE RAMDEVAN SINGH R/O Village- Rampur Ismaile, PS. Bihta, Dist. Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RAMANUJ SINGH S/O LATE RAMDEVAN SINGH R/O Village- Rampur Ismaile, PS. Bihta, Dist. Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeet Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State but in spite of valid service of notice none is present on behalf of opposite party no.2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467 and 471 of the Indian Penal Code.

3. The petitioner in association of other co-accused under a deep rooted conspiracy is said to have mutated the land of complainant in the name of other persons.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute and dirty

Patna High Court CR. MISC. No.38804 of 2023(5) dt.08-02-2024 2/2 village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. It is further submitted that the complainant and the petitioner are full brothers and due to family land dispute, the present false and fabricated case has been lodged. Several similarly situated coaccused have been enlarged on bail by different co-ordinate Bench of this court. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case as well as the fact that the nature of the dispute is purely civil, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 205 (C) of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T