Om Prakash Verma @ Om Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47119 of 2024 Arising Out of PS. Case No.-261 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Om Prakash Verma @ Om Prakash Son of Late Mukti Narayan Prasad Resident of Muhalla - Pataura Lala Tola, P.S.- Motihari Muffasil, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manjeet Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 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 offence under Sections 467, 468, 471, 472, 419, 420/34 of the Indian Penal Code.
3. According to F.I.R., informant has alleged that impersonating his uncle Ramjnish Mishra, who is missing since last 57 years at the age of 15 years, accused persons fraudulently and under conspiracy executed sale-deed of his land, bearing Khata no. 274, Khesra 2635 of area 3 Katha.
4. Petitioner is not named in the F.I.R. Name of the petitioner transpired during course of investigation. This petitioner is only alleged to be witness of the alleged sale-deed. He has neither cheated nor committed any forgery. In this regard, a title suit has already been filed in the Court below, vide
Patna High Court CR. MISC. No.47119 of 2024(2) dt.20-09-2024 2/2 Title Suit No. 704 of 2023. Moreover, the dispute is purely of civil nature. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the fact that dispute is civil in nature and petitioner has got clean antecedent, 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, Motihari, East Champaran in connection with Dumariyaghat P.S. Case No. 261 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T