Amit Kumar Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49246 of 2023 Arising Out of PS. Case No.-397 Year-2018 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.
AMIT KUMAR DUBEY S/O Late Indradeo Dubey R/O VillageAkhtiarpur, P.S-Udwant Nagar, Distt.- Bhojpur. 2.
Ram Bachan Singh S/O Late Sriniwas Singh R/O Vill.- Parab, P.S- Chauri, Distt.- Bhojpur ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Ramji Singh S/O Late Yogi Singh R/O Villa. Ganghar Tola, Inglishpur (Kaushik Dularpur) P.S- Ara Mufasil, Distt.- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bibhakar Tiwary For the Opposite Party/s :
Mr. Umanath Mishra Mr. Ajay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioners, learned counsel for the complainant as well as learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 406 of the Indian Penal Code.
3. The allegation against the petitioners is that he along with other co-accused persons sold the khatiyani land of the complainant by way of forgery and false document.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.49246 of 2023(4) dt.12-09-2023 2/3 that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that the petitioners are the purchasers and there is no specific overt act against the petitioners. He further submits that there is a civil dispute between the parties. Petitioners have no criminal antecedent, which is also mentioned in paragraph-3 of the bail application.
5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for anticipatory bail by submitting that the petitioners are also involved in the present case.
6. Having regard to the facts and circumstances of the case as this is a case of civil dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is
Patna High Court CR. MISC. No.49246 of 2023(4) dt.12-09-2023 3/3 pending/Successor Court in connection with Complaint Case No.397(C) of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T