Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61060 of 2025 Arising Out of PS. Case No.-1243 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Anil Kumar S/o- Ramdeo Mandal Village- Ghailadh W.No-1, Ps- Ghailadh Dist- Madhepura ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Anand For the Opposite Party/s :
Mr. Jagdhar Prasad ====================================================== 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 Madhepura (Ghailadh) Police Station Case No. 1243 of 2024, disclosing offences under Sections 126(2), 127(2), 115(2), 303(2), 74, 318(4), 338, 336(3), 352, 351(2), 3(5) of the BNS, 2023.
3. As per the FIR, on 15.10.2024, in the evening, while the informant was feeding her cattle, the petitioner along with other accused persons named in the FIR, including four and five unknown persons, arrived at the door and surrounded the informant. The petitioner along with co-accused Rajendra Mandal caught hold the hair of the informant, threatened her and told her not to go to the paddy field. It has further been
Patna High Court CR. MISC. No.61060 of 2025(2) dt.10-09-2025 2/3 alleged that after verification of the documents, the informant found that three sale deeds having Nos. 7844 dated 14.09.2016, 1465 dated 07.02.2014 and 15763 dated 25.09.2024 were executed by the petitioner in favor of the respective purchaser.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with ulterior motive. The petitioner is son of the informant. The property involved in this case is an ancestral joint family property and the petitioner had filed a title partition suit bearing No. 125 of 2025 against his father and uncle claiming his share in the property. The petitioner sold the share in the joint property on 14.09.2016 in which the father of the petitioner put his signature as witness. After nine years of the execution of the sale deed, the present FIR has been lodged with the allegation that the petitioner forged signature of his father in the sale deed. The occurrence has taken place on 15.10.2024 but the FIR has been lodged after a delay of 10 days on 25.10.2024 after due deliberation.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner filed a title suit against his father claiming partition of the joint family property, I am inclined to grant the petitioner privilege of anticipatory bail.
Patna High Court CR. MISC. No.61060 of 2025(2) dt.10-09-2025 3/3
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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura (Ghailadh) Police Station Case No. 1243 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T