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Patna High CourtCR. MISC./58638/2025bail granted

Vindeshwari Singh v. The State Of Bihar

2025-11-19Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58638 of 2025 Arising Out of PS. Case No.-956 Year-2020 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Vindeshwari Singh son of Late Viranchi Singh Resident of Village -Chandanpura PO- Jamalpur PS-Jamalpur, Dist- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shashi Bhushan Kumar Son of Late Ramrup Prasad Resident of Village -Chandanpura PO- Jamalpur PS-Jamalpur, Dist- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suman Kumar Mishra For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-11-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State. No one appears on behalf of the O.P. No.2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 324, 341, 504, 402 and 465 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner submits that petitioner is a person with clean antecedent and is aged about 75 years. It is next submitted that notices were issued on O.P. No.2 but then O.P. No.2 despite receiving notice chooses not to appear and contest. It is next submitted that informant alleges that he inherited 5 acres 70 decimal of land, further the names accused persons including the

Patna High Court CR. MISC. No.58638 of 2025(3) dt.19-11-2025 2/3 petitioner sold the land to Lal Bahadur Yadav, further the petitioner is not related with the family of the complainant, it is next alleged that the act of the petitioner in selling the land to the purchaser on the pretext that the land belongs to him shows his ill-intention, further the Circle Officer also rejected the mutation application, finding insufficient document relating to ownership of the land, further the accused persons on 13.12.2020 tried to forcefully sell the land, on protest, Santosh assaulted by katta causing injury on wrist, further Ravi also received injury on head requiring four stitches, further Abhishek and Saumya also received injury and the accused again came on 20.12.2020 and threatened to leave the land or would be killed.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that petitioner is aged about 75 years and has remained a person with clean antecedent and all of a sudden has been made a criminal with an allegation that he sold a piece of land to the purchaser falsely discloses that he is owner of the land. It is next submitted that a specific pleading has been made at Para-8 of the anticipatory bail application that petitioner is co-sharer of the joint properties. It is next submitted that petitioner and the informant are related. It is also submitted

Patna High Court CR. MISC. No.58638 of 2025(3) dt.19-11-2025 3/3 that if the informant is aggrieved by the sale deed executed by the petitioner in favour of the informant in that event he ought to have approached the Court of competent civil jurisdiction for getting the sale deed cancelled where the petitioner would get a chance to appear and rebut his claim but then a criminal case came to be instituted with exaggerated allegations with a view to coerce the petitioner into submission under fear of arrest.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) 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 Complaint Case No.956/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T