Patna High CourtCR. MISC./61336/2023bail granted

Rajesh Kumar v. The State Of Bihar

2024-02-20Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61336 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== Rajesh Kumar, aged about 35 years, Gender- Male, Son of Vishwanath Prasad, Resident of Village- Lohrajpur, P.S- Giriak (Katrisarai), DistrictNalanda. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Amit Prasad, Son of Late Awadh Kishore Prasad, Resident of VillageLohrajpur, P.S. Giriyak (Katrisarai), District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Giriyak (Katrisarai) PS Case No. 510 of 2022 instituted for the offences punishable under Sections 467, 468, 471, 420, 419 and 120 (B) of the Indian Penal Code.

3. As per the prosecution case, petitioner who does not belong to late Bhikhari Mahto, illegally collaborated with the buyers, describing Late Bhikhari Mahto as his grandfather

Patna High Court CR. MISC. No.61336 of 2023(5) dt.20-02-2024 2/3 transferred and registered total 4.26 acres of land through three illegal deeds.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. It has further been submitted that the petitioner has got no criminal antecedent as stated in para-3 of the petition. From perusal of the FIR and impugned order of the learned Additional District and Sessions Judge-VI, Nalanda at Biharsharif dated 07.08.2023, it appears that the petitioner has fraudulently registered the land in question which is a crime of serious nature. There is land dispute between the parties. He further submits that chargesheet has already been submitted in this case. Petitioner is in custody since 22.04.2023.

5. Learned APP for the State and learned counsel for the informant opposes the prayer for bail and the learned counsel for the informant submits that it is not a case of civil in nature.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.61336 of 2023(5) dt.20-02-2024 3/3 like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Giriyak (Katrisarai) PS Case No. 510 of 2022.

(Ramesh Chand Malviya, J) Anand Kr.

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