Manoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73271 of 2023 Arising Out of PS. Case No.-291 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== Manoj Ram Son Of Late Chalhau Ram R/O Village - Shekhpura, P.S.- Muffasil, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with 291 of 2022 dated 14.08.2022 registered for the offences punishable under Sections 341, 323, 504, 420, 465, 467, 468 and 379 of the Indian Penal Code.

4. As per the prosecution case, the informant and the petitioner being landless harizans got 56 decimal of land each from the Government of Bihar. Further, the accused person secretly manufactured a document of partition and got the land

Patna High Court CR. MISC. No.73271 of 2023(2) dt.28-11-2023 2/3 allotted to the informant into three equal shares illegally and thereafter, got the demand opened on the strength of the manufactured partition deed thereby usurped the property of the informant.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned counsel has further submitted that the informant and the petitioner are full brothers. It is further submitted that it is a case of civil dispute. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Aurangabad in connection with Muffasil P.S. Case No. 291 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.73271 of 2023(2) dt.28-11-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T