Jitendra Kumar Roy @ Jitendra Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54592 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- Mufassil District- Khagaria ====================================================== Jitendra Kumar Roy @ Jitendra Roy Late Ram Lagan Roy R/o Village - Sansarpur, P.S - Mufassil, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-08-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 111(6) (7) & 3(5) of the B.N.S.S.
3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases. It is next submitted that petitioner is own brother of Shrawan. It is further submitted that in sum and substance, the allegation is that the accused persons including the petitioner were trying to grab the land of the informant forcefully. It is next submitted that informant had petitioned the District Collector, alleging that the accused persons are trying to grab his land by forging government
Patna High Court CR. MISC. No.54592 of 2025(2) dt.27-08-2025 2/3 documents, accordingly, the Collector constituted a Three Men Committee and the Committee found that Shrawan along with the Revenue officials including the Circle Officer were involved in committing forgery in the government records with respect to the land of the informant, thereafter, informant instituted Muffasil P.S. Case No.74/2025 against Shrawan and other accused persons. It is next submitted that petitioner, who is own brother of Shrawan was not made an accused in Muffasil P.S. Case No.74/2025. It is next submitted that after Muffasil P.S. Case No.74/2025 was instituted, thereafter, the informant instituted the instant F.I.R. on 19.06.2025 with respect to an occurrence alleged to be committed on 02.04.2025. It is next submitted that if the petitioner was involved in the occurrence of grabbing the land of the informant on 02.04.2025, in that event, the petitioner ought to have been made an accused in Muffasil P.S. Case No.74/2025.
4. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner. The learned counsel appearing on behalf of the informant submits that the petitioner along with his brother in order to grab his property have filed the Title Partition Suit with respect to the property of the informant. The
Patna High Court CR. MISC. No.54592 of 2025(2) dt.27-08-2025 3/3 said submission of the learned counsel appearing on behalf of the informant is vehemently rebutted by the learned counsel appearing on behalf of the petitioner. The learned counsel appearing on behalf of the petitioner submits that if informant is aggrieved by the fact that a Partition Suit has been filed with respect to his property, nothing prevent the informant from filing an application under Order 1 Rule 10 of the C.P.C., seeking impleadment in the said Title Partition suit.
5. 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 Muffasil P.S. Case No.84/2025, subject to the conditions as laid down under Section 482(2) B.N.S.S.
(Satyavrat Verma, J) amit/- U T