Shashibhusan Singh @ Shashibhusan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56451 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Shashibhusan Singh @ Shashibhusan Rai Son Of Late Uday Narayan Prasad R/O Village- Rulahi Nijamat, Ps. Majhauliya, Dist. West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Jha For the Opposite Party/s :

Mr. Ram Sumiran Rai :

Mr. Shiv Kumar Dwivedy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120B, 384, 386, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

3. Allegation against the petitioner is that on the basis of the forged documents he sold the land to the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is civil dispute between the parties. He submits that there is petitioner and informant are agnates. He further submits that there is admitted land dispute between the parties. He further submits that petitioner have got

Patna High Court CR. MISC. No.56451 of 2023(2) dt.15-09-2023 2/2 five criminal antecedents as stated in para-3 of the bail application.

5. Per contra, learned APP for the State along with learned counsel for the informant vehemently opposing the bail application and submits that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Majhauliya P.S. Case No. 103/2023. Accordingly, his prayer for anticipatory bail is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

(Anjani Kumar Sharan, J) ajay/- U T