Patna High CourtCR. MISC./71846/2024bail granted

Janardan Prasad v. The State Of Bihar

2025-01-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71846 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- BUXAR District- Buxar ====================================================== Janardan Prasad S/o Late Yamuna Prasad R/o Village- Kazipur, P.S.- Simari, District- Buxar ... ... Petitioner

Versus

The State of Bihar 2.

Iltaff Hussan S/o Late Haider Hussain R/o Village- Shaheed Gate, Old Thana, P.S.- Dumaraon, District- Buxar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Vishwanand Upadhyay, Advocate For the Opposite Party :

Mr.Arun Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for offence under Sections 406, 420, 467, 468, 34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner along with other accused persons, after receiving Rs.16,80,000/- from the complainant, executed sale deed in favour of complainant of a disputed land, which is subject matter of Probate case no. 1/2008.

4. Learned counsel appearing for the petitioner submits that the petitioner has not received any amount. He further submits that the present F.I.R. has been lodged after a delay of more than 10 years on 05.01.2024 without there being

Patna High Court CR. MISC. No.71846 of 2024(3) dt.18-01-2025 2/2 any plausible explanation of delay. The dispute is purely of civil nature. Co-accused, with similar allegation, has already been allowed pre-arrest bail by this Court vide order passed in Cr.Mis.No. 21437/2024. Petitioner claims clean antecedent.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, 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 the Chief Judicial Magistrate, Buxar in Buxar Town Police Station Case No. 11 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T