Mithun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53111 of 2025 Arising Out of PS. Case No.-945 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
Mithun Kumar S/o- Shankar Rai Village- Po- Subhai Ps- Hajipur Sadar DistVaishali 2.
Ajay Kumar S/o- Bhuneshwar Rai Village- Po- Subhai Ps- Hajipur Sadar Dist- Vaishali 3.
Urmila Devi W/o- Shankar Rai Village- Po- Subhai Ps- Hajipur Sadar DistVaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Kumar Mishra For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code.
3. As per the prosecution case, on 03.06.2024, by taking advantage of disability of husband of informant, Mithun Kumar (petitioner no. 1) and Ajay Kumar (petitioner no. 2) took his finger print on a stamp on pretext of filing a compromise petition, but later on, she (informant) came to know that petitioners prepared forged sale deed on the basis of aforesaid
Patna High Court CR. MISC. No.53111 of 2025(2) dt.13-08-2025 2/3 thumb impression pertaining to Khata no. 106, Khesra No. 323, Area 1.5 dismal.
4. Learned counsel for the petitioners submits that petitioners are quite innocent and have falsely been implicated in this case. As a matter of fact, informant and her family members fraudulently got executed sale-deed of the said land from father of petitioner no. 1. After panchayati, Ram Janam Ray (husband of informant) agreed to transfer the said land in favour of petitioners and thereafter, after taking due consideration money, he (husband of informant) executed the sale-deed in favour of petitioners. He next submits that earlier, for the same piece of land, from petitioners' side, a title suit, vide Title Suit No. 69 of 2012, has already been filed against husband of informant, which is pending in the Court of learned Sub Judge I, Hajipur (Vaishali). Moreover, the dispute between the parties is purely of civil nature.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.53111 of 2025(2) dt.13-08-2025 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge - VII, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 945 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S. (Prabhat Kumar Singh, J) anay U T