Dhiraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62844 of 2024 Arising Out of PS. Case No.-3 Year-2023 Thana- MASHRAK District- Saran ====================================================== Dhiraj Kumar Singh Son of Kedar Nath Singh Resident of Village- Bangara (Chauhan Tola) P.S -Mashrakh District- Saran Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Mohan Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2.

Petitioner apprehends their arrest in a case registered for the offence punishable u/s 420, 467, 468, 471, 120(B) of IPC. 3.

Allegation against the petitioner is that he executed the sale deed of a land which belongs to the informant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He have been falsely implicated in this case due to ulterior motive. Petitioner and the informant are neighbors and co-sharer of the land in question and a civil suit is going on in between the parties. It is submits that the similarly situated co-accused has already been granted bail by this Court vide order dated 08.02.2024 passed in Cr. Misc. No. 2520 of 2024. It is further submitted that it is a civil nature of dispute. Petitioner has four criminal antecedents as stated in para-3 of the bail application. 5.

Learned APP for the State as well as learned counsel for

Patna High Court CR. MISC. No.62844 of 2024(2) dt.04-10-2024 2/2 the informant opposed the prayer for bail by submitting that there is specific allegation against the petitioner to execute the sale deed which belongs to the informant.

6.

Having regard to the facts and circumstances of the case, since there is civil dispute between the parties, 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 Masrakh P.S. Case No.03 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7.

However, learned Court below is directed to verify the criminal antecedent of the petitioner before accepting the bail bonds, and if it is found that petitioner has more than four criminal antecedent before filing of the present F.I.R., his bail bonds shall not be accepted.

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