Bijendra Prasad @ Bijendra Prasad Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49729 of 2023 Arising Out of PS. Case No.-528 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.
Bijendra Prasad @ Bijendra Prasad Gupta Son Of Late Sukan Saw Resident Of 49/5 H/51 Kar1 Mark Sarani Bhukaish Garh, P.O.-Khidirpur, P.S.-S.P., P.S District-Kolkata (West Bengal), Pin-700023 2.
Sheo Narain Saw @ Sheo Narain Gupta Son Of Sri Bijendra Prasad @ Bijendra Prasad Gupta Resident Of 49/5 H/51 Kar1 Mark Sarani Bhukaish Garh, P.O.-Khidirpur, P.S.-S.P., P.S District-Kolkata (West Bengal), Pin700023 3.
Raj Kumar Saw @ Raj Kumar Gupta Son Of Sri Bijendra Prasad @ Bijendra Prasad Gupta Resident Of 49/5 H/51 Kar1 Mark Sarani Bhukaish Garh, P.O.-Khidirpur, P.S.-S.P., P.S District-Kolkata (West Bengal), Pin700023 ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Tiwary, Advocate For the State :
Mr.Rajiv Nayan, Addl Public Prosecutor for the informant Mr. SK Gupta (in person) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners, the State and the informant.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 463, 465, 34, 120B, 466, 468, 469, 471, 420 and 474 of the Indian Penal Code.
3. As per the prosecution case, these petitioners put false signature of the complainant in a compromise petition filed in Title Suit No. 177 of 2014 which was pending before Second Civil Judge (Senior Division), Alipore, District South, 24 Parganas, West Bengal and obtained decree on 12.3.2018 in their favour.
Patna High Court CR. MISC. No.49729 of 2023(2) dt.23-08-2023 2/2
4. It is submitted on behalf of the petitioners that though the dispute is of civil nature and informant has got remedy under law, but giving colour of criminal offence, present case has been filed by the informant against these petitioners. Petitioners claim clean antecedent.
5. Learned counsel for the State as well as the informant oppose the prayer for bail.
6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in Ara Nawada Police Station Case No. 528 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T