Murari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48056 of 2024 Arising Out of PS. Case No.-778 Year-2022 Thana- BIHAR District- Nalanda ====================================================== MURARI KUMAR SON OF ARUN KUMAR VILLAGE- MACHLI MARKET, RAMCHANDRAPUR, PS- LAHERI, DIST- NALANDA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Abhishek, Advocate For the State :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 419, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that the informant, who is District Registrar, Nalanda, has alleged that on 11.10.2022, a sale deed was presented before him for the purpose of registration by the seller, namely Chando Devi, in favour of the purchaser, namely Santosh Yadav and it came to light that said Santosh Yadav was purchasing the land by presenting a fake person before the informant. It is also alleged that one Harinandan Paswan is stated to be the identifier in relation to the said sale deed, whereas this petitioner and other co-accused persons were mediators in selling of the land.
Patna High Court CR. MISC. No.48056 of 2024(2) dt.20-09-2024 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has committed no offence. Petitioner is neither seller nor purchaser of the land in question and nor he is the identifier or the fake person who has been put forth by the purchaser of the land in question for the purpose of registration of the sale deed. Petitioner is only alleged to be mediator in selling of the land and he has got no role to play in the alleged occurrence. Similarly situated co-accused, namely Narendra Kumar, who is also alleged to be mediator, has already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 22.05.2023 passed in Cr. Misc. No. 6227 of 2023. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.48056 of 2024(2) dt.20-09-2024 3/3 petitioner 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 learned C.J.M., Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 778 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T