Rajkumar Ram @ Rajkumar Kedia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 53133 of 2024 Arising Out of PS. Case No.-388 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== 1.
Rajkumar Ram @ Rajkumar Kedia S/o Late Baijnath Ram R/o Mohalla - Henry Bazar, P.S. - Motihari Town, Distt. - East Champaran 2.
Sanjiv Kumar Tulsyan @ Sanjiv Tulsyan S/o Prahlad Roy Tulsyan R/o 1, Mayaram Market, Mayaram Road, P.s and Distt. - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushkar Narain Shahi, Sr. Advocate Mr. Rajesh Ranjan, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP For the Informant :
Mr. Santosh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2024 Heard learned Senior Counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code.
3. As per the FIR, the allegation against the petitioners is that in conspiracy with each other, the petitioners have sold the land of informant to other person on the basis of forged documents.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No. 53133 of 2024(2) dt.28-08-2024 2/3 offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case. Learned Senior Counsel for the petitioners submits that the informant has sought to challenge the title of the petitioners but till date he has not filed any title suit challenging the title of the petitioners or seeking cancellation of sale deeds executed by the petitioner no. 2. Further, the petitioners have criminal antecedent as mentioned in para-3 of the bail application. There is admitted land dispute between the parties and a title suit is pending before the court below.
5. Learned counsel for the informant opposes the prayer for anticipatory bail and submits that on the basis of forged documents, the petitioners sold the land to other person.
6. Considering the facts and circumstances of the case, as well as the fact that there is 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 lower Court where the case is pending/successor Court in connection with Khagaria P.S. Case No. 388 of 2019,
Patna High Court CR. MISC. No. 53133 of 2024(2) dt.28-08-2024 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) kiran/- U T