Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.309 of 2022 Arising Out of PS. Case No.-351 Year-2020 Thana- BEUR District- Patna ====================================================== Rajesh Kumar, aged about 44 years, Male, Son Of Vijendra Kumar @ Bijendra Kumar @ Vijendra Sharma, R/O Village-Tarahi, P.S. Naubatpur, District-Patna (wrongly mentioned in F.I.R. Rajesh Kumar, S/O Vijendra Kumar, R/M-Gazachak Mohanpur, P.S.- Phulwarisharif, District- Patna.) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and learned counsel for the State through Virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Further, learned counsel for the petitioner is permitted to make necessary corrections at page 1 of the present anticipatory bail application i.e., in the address of party position of petitioner as well as in the address of the petitioner mentioned in the Vakalatnama.

Patna High Court CR. MISC. No.309 of 2022(2) dt.25-02-2022 2/3 The petitioner is apprehending his arrest in connection with Beur P.S. Case No. 351 of 2020 for the offence registered under Sections 406, 420, 467, 468, 471/34 and 120(B) of the I.P.C.

The prosecution story, in brief, is that the petitioner with the help of other co-accused persons sold the land to the informant Anjila Devi. Later on, the same was sold to some other person. When the informant and her friend Punita Kumari asked them to return the said money, they refused to return the same.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per allegation, a sale proceed in respect of land had taken place between the parties. Subsequently, the land in question was sold to some other person. The matter relates to civil dispute.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or

Patna High Court CR. MISC. No.309 of 2022(2) dt.25-02-2022 3/3 surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Patna, in connection with Beur P.S. Case No. 351 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T