Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56211 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Dhananjay Kumar S/O Sri Abhiram Singh R/O Village- Nadiyama, P.SRamgarh Chawk, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 332 of 2023, registered on 10.05.2023 for the offences under Sections 406, 467, 468/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner got executed a sale deed for the land of the informant by tampering with the document giving wrong information.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is purchaser of a piece of land from the

Patna High Court CR. MISC. No.56211 of 2024(2) dt.04-09-2024 2/3 uncle of the informant. The father of the informant and the vendor of the petitioner were brothers and after partition both of them got 6 1⁄2 decimals of land in their share and vendor of the petitioner sold him 5 decimals of land. However, a wrong Zamabandi has been mentioned in the sale deed but for the said information the petitioner is not at fault since it was the vendor who furnished the said information. The vendor of the petitioner has only two daughters and no son and the informant side wants to grab his land. The vendor has died and his widow has already given an application to the Sub-Registrar, Lakhisarai wherein she has sated that informant side wants to grab her land and her deceased husband sold his share of land in favour of the petitioner. Learned counsel further submits that the petitioner is having clean antecedent and in the facts and circumstances, no offnece is made out against the petitioner.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the civil nature of dispute and further considering the vague and remote allegation against the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court

Patna High Court CR. MISC. No.56211 of 2024(2) dt.04-09-2024 3/3 concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai/concerned court in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 332 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T