Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64548 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Manoj Kumar Son of Sri Gopal Tiwari Resident of village - Bajitpur, P.S.- Hajipur Sadar (Kajipur O.P.), District - Vaishali. ... ... Petitioner/s
Versus
1 .
The State of Bihar 2.
Rajiv Tiwari S/o- Late Devnandan Tiwari R/O- Bajitpur PS- Hajipur Sadar (Kajipur OP) Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar , Advocate For the Opposite Party/s :
Mr. Shailendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code .
3 . According to F.I.R., this petitioner along with other co-accused persons is alleged to have sold joint family property of the informant for which partition suit No. 302 of 2023 is already pending before learned Sub-Judge-VI, Vaishali at Hajipur.
4. Learned counsel for the petitioner submits that petitioner has committed no offence and he has falsely been
Patna High Court CR. MISC. No.64548 of 2025(3) dt.15-11-2025 2/3 implicated in this case. As a matter of fact, petitioner and informant are co-sharers of the land in question and petitioner has sold the land of his own share and partition suit No. 302 of 2023 is already pending between the parties before learned SubJudge-VI, Vaishali at Hajipur which was filed by the father of petitioner in which informant is also party as respondent No. 6. He further submits that Khatiyan of the land in question is in the name of grand father of the petitioner and others. Moreover, dispute involved in this case is of civil nature . Petitioner claims clean antecedent.
5 . Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the fact that dispute involved in this case is purely civil in nature , aforesaid facts, materials available on record and circumstances of the case , this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P. S. Case No. 34 of 2025 , subject to condition
Patna High Court CR. MISC. No.64548 of 2025(3) dt.15-11-2025 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T