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Patna High CourtCR. MISC./704/2022allowed

Ritesh Anand v. The State Of Bihar

2022-07-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.704 of 2022 Arising Out of PS. Case No.-259 Year-2018 Thana- SAHAYAK NAGAR District- Katihar ====================================================== RITESH ANAND S/o Binod Kumar Singh R/o- Sharifganj, P.S.- Katihar Sahayak, Distt- Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Katihar Nagar Sahayak P.S. Case No.259 of 2018 (wrongly mentioned as Katihar Nagar Sahayak P.S. Case No.259 of 2020 in the prayer portion of the bail application), registered for the offences punishable under Sections 420, 467, 438, 471 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that five persons are made accused in the present case alleging general and omnibus allegation that a false and fabricated sale deed was executed. The petitioner is implicated in the present case on the basis of suspicion that the petitioner has identified Deepak Ray. It is further submitted that

Patna High Court CR. MISC. No.704 of 2022(2) dt.27-07-2022 2/2 the petitioner had no knowledge regarding the dispute of land between the parties. It is also submitted that the date of occurrence is 17.10.2016 and the present case is instituted on 04.05.2018 on the basis of complaint petition filed on 15.03.2018 without giving any satisfactory explanation. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts that the petitioner is only identifier on the sale deed and the petitioner has got no criminal antecedent, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Katihar Nagar Sahayak P.S. Case No.259 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T