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Patna High CourtCR. MISC./58394/2022allowed

Akhilesh Kumar v. The State Of Bihar

2022-12-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58394 of 2022 Arising Out of PS. Case No.-77 Year-2021 Thana- KATIHAR COMPLAINT CASE DistrictKatihar ====================================================== AKHILESH KUMAR S/O RADHESHYAM JAISWAL RESIDENT OF MOHALLA- NAYA TOLA, P.S.- KATIHAR, DISTRICT- KATIHAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

BABITA DEVI W/O SUNIL KUMAR MANDAL RESIDENT OFDRIVER TOLA, P.S.- KATIHAR, DISTRICT- KATIHAR AT PRESENT RESIDING AT GOSH PARA, DISTRICT- KATIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghvendra Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420 of the Indian Penal Code.

The prosecution case in short is that the petitioner in collusion with the other co-accused persons executed a sale deed of land in favour of complainant by means of forgery. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.58394 of 2022(2) dt.22-12-2022 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. The petitioner is the identifier of the sale deed. There is no specific allegation against the petitioner. The petitioner has no knowledge regarding title and ownership of land. He further submits that there is no evidence against the petitioner. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Katihar Complaint Case No.77 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T