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Patna High CourtCR. MISC./47638/2021bail granted

Manjay Kumar v. The State Of Bihar

2022-08-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47638 of 2021 Arising Out of PS. Case No.-237 Year-2020 Thana- RAMKRISHNANAGAR District- Patna ====================================================== 1.

MANJAY KUMAR Son of Kripanand Singh R/o Mohalla- Sukulpur, P.S.- Fatuha, District- Patna.

2.

Pawan Kumar Singh Son of Kripanand Singh R/o Mohalla- Sukulpur, P.S.- Fatuha, District- Patna.

3.

Sanju Devi W/o Dhananjay Kumar R/o Mohalla-Kachchi Dargah, P.S.- Fatuha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binoy Kumar For the State :

Mrs.Anita Kumari For the informant : Mr. Prashant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 419, 420, 468, 471 of the Indian Penal Code.

As per the prosecution case, some unknown person impersonating as Digambaer Prasad Singh sold 3.984 decimal of land to the petitioners and Jamabandi has been created fraudulently in their favour.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. Petitioners are bonafide purchasers of the land from

Patna High Court CR. MISC. No.47638 of 2021(3) dt.01-08-2022 2/2 vendor Digamber Prasad Singh and after purchase petitioners have got mutated their names before the Circle Officer and rent receipts are granted in their names. It is apparent from the FIR that the dispute is of civil nature. Petitioners have got clean antecedent.

Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail and submitted that for the same land Mutation Appeal No. 32/ 202021 and 33/ 2020-21 was preferred and the same has been decided in favour of the informant.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall 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 Additional Chief Judicial MagistrateXIII, Patna in connection with Ramkrishna Nagar PS case No. 237/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

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