Mukesh Singh @ Mukesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54579 of 2023 Arising Out of PS. Case No.-270 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Mukesh Singh @ Mukesh Kumar Singh Son of Upendra Singh Resident of village - Fatehpur, P.S. - Raghopur, Distt. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a complaint case punishable for the offences under Section 420 of the Indian Penal Code.
3. Petitioner is alleged to be witness of the sale-deed in question.
4. Learned counsel for the petitioner submits that petitioner is neither vendor nor vendee of the alleged sale-deed and has been made accused in this case merely because he was witness to the sale-deed. Petitioner is not beneficiary of the alleged transaction. He is neither vendee nor vendor of the land. Moreover, the dispute involved in the complaint petition is purely of civil nature and none of the acts give rise to any
Patna High Court CR. MISC. No.54579 of 2023(5) dt.10-01-2025 2/2 criminal liability. It is out-and-out a civil dispute, for which, complainant has got some other remedy. As per complaint case, specific allegation is against co-accused Upendra Singh, who has already been granted anticipatory bail by this Court, vide order dated 09.07.2024 passed in Cr.Misc. No. 18942 of 2024. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named 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 J.M. 1st Class, Madhubani in connection with Complaint Case No. 270/2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T