Patna High CourtCR. MISC./56175/2024bail granted

Vidya Sagar Sinha v. The State Of Bihar

2024-09-04Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56175 of 2024 Arising Out of PS. Case No.-1864 Year-2022 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== VIDYA SAGAR SINHA S/O LATE GANESH PRASAD R/O VILLAGEKOILWAR, P.S- KOILWAR, DISTT.- BHOJPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

MAHESH CHAUDHARY S/O BHARAT CHAUDHARY R/O VILLAGE AND P.S- PANDARAK, DISTT.- PATNA, AT PRESENT RESIDENT OF VILLAGE- KOILWAR, P.S- KOILWAR, DISTT.- BHOJPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-09-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1864/ 2022 dated 19.11.2022 registered for the offence(s) punishable under Section(s) 323, 406, 420 and 504 of the Indian Penal Code.

3. Mr. Awadhesh Kumar Pandey, learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and the allegations levelled against him are wrong and misleading. It is further submitted that the the complaint petition was filed after nine years of the alleged occurrence and there is no explanation for such delay. It is also submitted that the dispute is of civil nature and for putting

Patna High Court CR. MISC. No.56175 of 2024(2) dt.04-09-2024 2/3 unwanted pressure upon the petitioner the present case has been lodged and the petitioner has got fair and clean antecedent.

4. Mr. Jitendra Kumar Singh, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Having considered the submissions herein noted above and mainly the facts that the instant matter is based on the complaint alleging therein that the occurrence had been continuing since 03.01.2012 but the complaint was filed in the year 2022 and as per allegation, a sale deed was executed by the petitioner in favour of the complainant in the year 2012 and thereafter as per allegation the mutation could not have been made in his favour due to the land in question having been already sold earlier but in this regard, the complainant remained silent for several years and filed his complaint in the year 2022 and the petitioner has got fair and clean antecedent, in my opinion, it is a fit case for grant of anticipatory bail to the petitioners.

Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Complaint Case No. 1864/ 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.56175 of 2024(2) dt.04-09-2024 3/3 the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) BKS/- U T