Rajendra Prasad @ Rajendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61104 of 2025 Arising Out of PS. Case No.-184 Year-2024 Thana- ARERAJ District- East Champaran ====================================================== Rajendra Prasad @ Rajendra Kumar S/o- Rameshwar Prasad Resident of village- Siswa Chaubey Tola, P.S.- Paharpur District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-09-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Areraj Police Station Case No. 184 of 2024, dated 16.11.2024, disclosing offences under Sections 316(2)/318(4)/338/336(3)/341(2)/308(2)/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report, is that a piece of land was purchased by the informant's husband Shah Mohammad Ansari from Shakil Miya in the year 1997 and has been living peacefully since then. On 20.10.2022, while the informant was sitting on her door, co-accused Nausad Miya came and said that he has purchased 02 dhoors of land, near the door of the
Patna High Court CR. MISC. No.61104 of 2025(2) dt.10-09-2025 2/3 informant, by way of sale deed from his father Waqil Miya and told her to vacate the land, in question. The petitioner is said to be the identifier of the sale deed executed by Waqil Miya in favour of his son Nausad Miya.
4. Learned counsel for the petitioner submits that the petitioner is neither the purchaser nor the seller of the land, in question. He next submits that the petitioner is co-villager and upon request of the purchaser he has signed as identifier in the sale deed. He further submits that the petitioner is not the beneficiary of the transaction.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation against the petitioner and the fact that he is merely the identifier in the sale deed, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.61104 of 2025(2) dt.10-09-2025 3/3 Judicial Magistrate-V, Motihari, East Champaran, in connection with Areraj Police Station Case No. 184 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J) ashwani/- U T