Arvind Prasad Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59501 of 2023 Arising Out of PS. Case No.-7 Year-2022 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Arvind Prasad Choudhary S/O Late Suryadeo Prasad Chaudhary Mohalla Yogiya Math Ps Muzaffarpur Town District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 419, 420, 467, 468, 471 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they committed fraud by producing fake signature of the informant before the Executive Officer through some fake persons and they had submitted an affidavit stating therein that the informant has voluntarily given her share of land to her brother and nephews.

4.Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The present dispute is civil

Patna High Court CR. MISC. No.59501 of 2023(2) dt.08-09-2023 2/2 in nature. It is further submitted from para-10 of this petition that with regard to the said property, a mutation proceeding is going on and the informant filed an appeal against the mutation proceedings before the District Collector Land Reforms, East Muzaffarpur in respect of land in question. Petitioner has not been impleaded as a party in the said proceedings. So, he has no concern with the said dispute and also he has not made any fraudulent document in respect of land. Moreover, he is languishing in judicial custody since 21.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muzaffarpur Town P.S. Case No. 07 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur. (Sunil Kumar Panwar, J) shubham/- U T