Rahul Deo Kumar Thakur @ Rahuldeo Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47855 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- Mufassil District- Khagaria ====================================================== Rahul Deo Kumar Thakur @ Rahuldeo Thakur son of Ganpat Thakur Resident of Vilalge- Hansda Gulab Bagh PS- Sadar, Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. N A Shamsi, Advocate For the Opposite Parties :
Mr. Arun Kumar Pandey, APP Mr. Mrityunjay Kumar, Adv.for Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner, State and informant.
2. The petitioner apprehends his arrest in Mufassil P.S. Case No. 74 of 2025, registered for the offence under Sections 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The informant, namely, Shambhu Kumar, alleged that on the basis of application of Kamal Kumar and Vimal Kumar, an enquiry was conducted by D.C.L.R., Khagaria. Relevant papers of land were produced by co-accused Shrawan Rai in the Circle Office, in which, Murti Devi was shown as purchaser of land. After enquiry, it was found that sale was fraudulent for personal gain by co-accused Shrawan Rai in collusion with this petitioner, who was posted as Revenue Clerk in the Circle Office.
Patna High Court CR. MISC. No.47855 of 2025(4) dt.01-09-2025 2/3
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence. He further submits that partition suit is pending between the parties, vide Title Partition Sut No. 40 of 2024. By way of filing supplementary affidavit, learned counsel for the petitioner submits that when petitioner came to know about his false implication, he filed an application before the District Magistrate, Khagaria to examine the matter afresh and thereafter, an enquiry was conducted and it was found that petitioner is not guilty of the alleged offence (copy of enquiry report submitted by Circle Officer, Khagaria dated 17.07.2025 is annexed as Annexure - 5 to the supplementary affidavit). Moreover, the petitioner has already resigned from the post of Revenue Clerk on 16.09.2023, as he qualified the examination conducted by B.P.S.C. (Annexure - 3 to the bail petition). Petitioner claims clean antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the bail petition.
6. Considering the aforesaid facts and circumstances as well as enquiry report of C.O., Khagaria dated 17.07.2025 (Annexure-5 to the supplementary affidavit), let the above named petitioner, in the event of arrest/surrender within a period
Patna High Court CR. MISC. No.47855 of 2025(4) dt.01-09-2025 3/3 of eight weeks from today, 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 Chief Judicial Magistrate, Khagaria in connection with Mufassil P.S. Case No. 74 of 2025, subject to condition as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J.) Anay U T