Tuntun Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53612 of 2024 Arising Out of PS. Case No.-87 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Tuntun Prasad Singh S/o Late Ramchandra Prasad Singh R/o vill - Kheraihiya, P.S. - Akbarnagar, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Shashank Shekhar, Advocate For the State :

Mr. Ashok Kumar Singh, APP For Opposite Party No.2 :

Mr. Rohit Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 420, 467, 468, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, in the year 2019, while the informant was in Railway Training Centre, Mumbai, this petitioner, who happens to be brother-in-law of the informant, stole his Aadhar Card, Pan Card and other documents and on the basis of these documents, he fraudulently inducted him as a guarantor in a loan.

4. It is submitted by learned counsel appearing on behalf of the petitioner that informant is none else than own brother-in-law (sala) of the petitioner. As a matter of fact, of

Patna High Court CR. MISC. No.53612 of 2024(2) dt.03-09-2024 2/3 father of informant himself made those documents available to this petitioner for the purpose of applying for loan and it is only when dispute regarding the transactions arose between the parties and the relationship became strained, this false and concocted case has been lodged. Even as per F.I.R., the petitioner allegedly stole the documents in the year 2019 and F.I.R. has been lodged after delay of 4 years on 02.03.2023. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a 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 Sub-Divisional Judicial Magistrate, Khagaria, in connection with Parbatta P.S. Case No. 87 of 2023, subject to condition as laid down under Section

Patna High Court CR. MISC. No.53612 of 2024(2) dt.03-09-2024 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T