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Patna High CourtCR. MISC./69521/2023allowed

Praveen Kumar Atal @ Praveen Kumar Singh @ Pravin Kr. Singh v. The State Of Bihar

2024-01-29Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69521 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== PRAVEEN KUMAR ATAL @ PRAVEEN KUMAR SINGH @ PRAVIN KR. SINGH Son of Late Vijay Prasad Singh R/o vill - Olapur Gangour, P.s. - Gangour O.P (Khagaria), Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmatma Singh, Adv.

For the Opposite Party/s :

Mrs.Renu Kumari, APP For the Informant :

Mr.Yogesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 467, 468, 471 and 34 of the IPC. 3.

The prosecution case in brief is that the petitioner along with other accused persons executed sale deed without boundary and mutated excess land of 11 Dhur from Khesra no.106 and created a new zamabandi no.1150 in his favour and in this way, with dishonest intention, they executed the sale deed of the land of the informant and committed serious offence of forgery. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.69521 of 2023(3) dt.29-01-2024 2/3 has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the parties are agnates and there is admitted civil dispute between them. The land of sale deed belongs to one of the co-accused who sold his share to Sintu Kumar and Suresh Kumar by sale deed no.437 dated 24.01.2023, in which petitioner is not a witness or party. Petitioner has eleven criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that knowing this fact that the said land does not belongs to the petitioner and co-accused, the co-accused Rajiv sold the said land and petitioner is also involved in the same. It is further submitted that the petitioner has 11 criminal antecedent in similar nature of offence.

6.

Having regard to the facts and circumstances of the case and considering that there is a 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

Patna High Court CR. MISC. No.69521 of 2023(3) dt.29-01-2024 3/3 below where the case is pending/Successor Court in connection with Khagaria (Chitraguptnagar) P.S. Case No.191/2023, arising out of G.R. No.564/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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