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Patna High CourtCR. MISC./44417/2023allowed

Prem Kumar v. The State Of Bihar

2023-10-06Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44417 of 2023 Arising Out of PS. Case No.-1249 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== PREM KUMAR SON OF SURENDRA PRASAD SINGH VILLAGE HASANPURA PO DHIBRA HASANPURA, PS- JANIPUR, DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awnish Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 506, 34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the informant along with her sister purchased four plot through co-accused Pappu and Jitu Kumar and paid an amount of Rs. 48 lacs to them, but when the informant went on the spot for further construction, one Nanhku Kumar informed her that the said land belongs to Dharamshila Devi and Savitri Devi. It is further alleged that all the accused persons including this petitioner being Deed Writer were involved in the present

Patna High Court CR. MISC. No.44417 of 2023(3) dt.06-10-2023 2/3 case.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been made accused in the present case merely because he is Deed Writer. One of the co-accused has been granted anticipatory bail by the learned Court below. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, 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 Phulwarishariff P.S. Case No. 1249

Patna High Court CR. MISC. No.44417 of 2023(3) dt.06-10-2023 3/3 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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