Hare Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43699 of 2023 Arising Out of PS. Case No.-474 Year-2013 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Hare Krishna Kumar Son Of Late Amarnath Prasad Resident Of VillageTeliyapatti, Ward No. 5, Ps- Town Motihari, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 420, 467, 468, 471, 120B of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they committed conspiracy and executed forged documents and sold land of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.43699 of 2023(2) dt.28-07-2023 2/3 falsely been implicated in this case merely on the basis of previous land dispute. The petitioner has no concern with the alleged occurrence and the present case is a matter of civil dispute. The informant said that he has purchased the land in the year 1989, but in Para-8 of his FIR he says that a Partition Suit Bearing P.S. No. 194 of 1982 is pending and the learned Court has ordered to maintain status quo on 10.04.1987 over the land and in Para-9, he also says that a Title Suit Bearing T.S. No. 255 of 1984 is also pending, then it creates doubt that how he has purchased the land in the year 1989. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vider order dated 25.05.2015 passed in Cr. Misc. No.34033 of 2015. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.04.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge

Patna High Court CR. MISC. No.43699 of 2023(2) dt.28-07-2023 3/3 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Town P.S. Case No. 474 of 2013 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran.

(Sunil Kumar Panwar, J) Manishkumar/- U T