Harimohan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49588 of 2024 Arising Out of PS. Case No.-356 Year-2022 Thana- DIGHWARA District- Saran ====================================================== Harimohan Mishra Son Of Late Yoogal Kishore Mishra Resident Of Village Chaknoor, Saidpure, Ps- Dighwara, Dist- Saran At Chhapra ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

3.As per allegation in the FIR, petitioner has got prepared forged sale deed (document) and took possession over the said land.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that the land in

Patna High Court CR. MISC. No.49588 of 2024(3) dt.28-03-2025 2/3 question belonged to the petitioner and his family members and they have not committed any forgery as alleged. It is also submitted in a report submitted by revenue clerk that the land is Raiyati and stood in the name of Anupchari Kunwar, grandmother of the petitioner. A title suit bearing No. 78 of 2021 is going on between the parties. This case is purely civil in nature. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, similarly situated several co-accused persons have been granted bail by different co-ordinate Benches of this Court.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dighwara P.S. Case no. 356 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.49588 of 2024(3) dt.28-03-2025 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) Nirajkrs/- U T