Brij Mohan Singh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51921 of 2025 Arising Out of PS. Case No.-347 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.
Brij Mohan Singh Yadav S/o Late Raja Singh Resident of Vill- Rampur Joi, P.S.- Sheosagar, Distt- Rohtas 2.
Lalita Devi W/o Brij Mohan Singh Yadav Resident of Vill- Rampur Joi, P.S.- Sheosagar, Distt- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sada Nand Roy, Adv Mr. Shashi Shekhar Singh, Adv For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP Mr. Radha Mohan Pandey, Adv Mr. Chandra Shekhar Verma, Adv Mr. Abhay Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2025 1.
Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120B and 385 of the Indian Penal Code. 3.
Learned counsel for the petitioners submits that the petitioner no.1 has antecedent of four cases, and petitioner no.2 is a person with clean antecedent and is a woman. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that accused
Patna High Court CR. MISC. No.51921 of 2025(2) dt.01-09-2025 2/3 persons were forcibly cultivating the land of the informant on the basis of forged sale deed, which was executed in the Year 1972 and 1974 and based on the said sale deed, Brij Mohan Singh, who is karta of the family, had partitioned the land amongst his brothers.
4.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that even presuming what has been alleged is true without admitting then the dispute is purely civil to which a criminal colour has been given. It is further submitted that in the event if the informant is aggrieved by the fact that the documents of the Year 1972 and 1974 are forged and fabricated, in that event he has remedy of challenging the said documents before the court of competent jurisdiction, where the petitioners and others can appear and rebut his claim. It is also submitted that the nephew of the informant, namely, Baljit Singh has filed Title Suit No. 1033 of 2022, which is pending adjudication in the court of learned Sub-judge-XII, Sasaram. In the said title suit, the informant is a party. 5.
Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners. Learned counsel appearing
Patna High Court CR. MISC. No.51921 of 2025(2) dt.01-09-2025 3/3 on behalf of the informant submits that though the petitioners and the informant are not related, but then petitioner no.1 carries antecedent of four cases and in the event if the privilege of anticipatory bail is granted to the petitioners, the petitioners may abscond, on which the learned counsel appearing on behalf of the petitioners submits that petitioners will not abscond rather will cooperate in the investigation to prove their innocence. 6.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sheosagar P.S. Case No. 347 of 2022, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T