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Patna High CourtCR. MISC./49233/2025bail granted

Ganauri Paswan v. The State Of Bihar

2025-08-19Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49233 of 2025 Arising Out of PS. Case No.-400 Year-2021 Thana- COMPLAINT CASE - BARH DistrictPatna ====================================================== Ganauri Paswan Son of Late Jamun Paswan Resident of Village - Beldarichak, P.S.- Gauri Chak, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajesh Kumar Son of Late Ramchandra Prasad Singh Resident of Village - Chintamanichak, P.S.- Mokama, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alexander Ashok For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

3. The prosecution case, in brief, as per written report of Rajesh Kumar (complainant) is that he purchased a piece of land in Mauza Chintamani Chak and got it mutated in his name. Later on, all the accused persons in connivance with officials of Mokama Circle Office, got the rent receipt issued of the same land in their name. The officials of Circle Office Mokama had issued rent receipts to the accused persons in violation of the

Patna High Court CR. MISC. No.49233 of 2025(2) dt.19-08-2025 2/3 directions of the higher officials.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that petitioner was posted as 'Revenue Karamchari' in the Circle Office, Mokama and has been made accused merely because at the time of complaint, the petitioner was called upon on 20.04.2012, on which date correction was made at the instance of petitioner and then petitioner retired from service on 31.08.2013, whereas, as per complaint petition, rent receipts were issued between 2016-2017 to 2021 when petitioner was not in service and complaint petition was filed on 12.08.2021, in which, cognizance was taken on 05.07.2023. Learned counsel for the petitioner further submits that in this connection, complainant has also filed a title suit, vide T.S. No. 108 of 2011, in respect of other co-accused persons for cancellation of saledeed and after 10 years of filing of said title suit, the present complaint petition has been filed. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State and learned counsel for complainant/OP-2 opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a

Patna High Court CR. MISC. No.49233 of 2025(2) dt.19-08-2025 3/3 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 Judicial Magistrate 1st Class, Barh, Patna in connection with Complaint Case No. 400(c) of 2021, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay U T