Ajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68301 of 2022 Arising Out of PS. Case No.-1538 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ajeet Kumar Son Of Late Yaduvanshi Rai R/O Village- Parmanandpur, P.S.- Sadar, District- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Ratan Devi Wife Of Sri Shambhu Dubey R/O Village- Damodarpur Shahjaha @ Dumari, P.S.- Sadar, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate : Mrs. Bela Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner apprehended his arrest in connection with Complaint Case No.1538 of 2018 in which cognizance has been taken for the offences punishable under Sections 467, 468 and 471 of the Indian Penal Code. The allegation as per complaint case appears that petitioner alongwith other accused persons prepared false Aadhar Card showing the age of grandson of petitioner namely Vishnu Kumar(minor), as twenty one years and managed to get a sale deed executed in his favour on 05.12.2018 from Vishnu
Patna High Court CR. MISC. No.68301 of 2022(2) dt.26-04-2023 2/3 Kumar, who is said to be a minor, in respect of the land bearing Khata No.551, Plot No.1982, Jamabandi No.764 and total area of 12 dec. which is alleged to be recorded in the name of fatherin-law of the complainant. Learned senior counsel appearing on behalf of the petitioner submitted that matter is purely civil in nature, where petitioner appears himself a victim of circumstances being purchaser. It is also pointed out that similarly situated coaccused, namely Chinta Devi who is also one of the purchaser, has already been granted bail by one the learned Co-ordinate Bench of this Court through Cr. Misc. No.43503 of 2021 vide order dated 06.04.2022. While concluding the argument it is submitted that petitioner alleged to be found in five more criminal cases where after investigation final form is submitted against the petitioner and as such it can be safely gathered that petitioner is a man of clean antecedent.
Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above as allegation purely arises out of civil litigations, the petitioner above named, in the event of his arrest or surrender before Court below within a period of four weeks, be released
Patna High Court CR. MISC. No.68301 of 2022(2) dt.26-04-2023 3/3 on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Muzaffarpur/concerned Court where the case is pending in connection with Complaint Case No.1538 of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T