Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74828 of 2024 Arising Out of PS. Case No.-334 Year-2023 Thana- RUPASPUR District- Patna ====================================================== 1.
Rakesh Kumar S/O Late Rama Nand @ Late Rama Nand Ram Resident of Village- Sultanpur, P.S- Danapur, District- Patna. 2.
Mukesh Kumar S/O Late Rama Nand @Late Rama Nand Ram R/O VillageSultanpur, P.S- Danapur, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shadab Akhter, Advocate For the Opposite Party/s :
Mr.Bharat Lal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-11-2024
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Rupaspur P.S. Case no. 334 of 2023 registered under sections 420, 467, 468, 471 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the accused persons had made an unsuccessful attempt of taking away her immovable property. Attempt was made of getting online mutation done in the year 2022-23 on the basis of a Deed no. 1308 by the three accused persons including the two petitioners herein. On inquiry it transpired that Deed no. 1308 is a forged document, hence the instant F.I.R.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.74828 of 2024(2) dt.12-11-2024 2/3 petitioners have been falsely implicated in the case. On perusal of the contents of the F.I.R it would transpire that the dispute between the parties is purely a civil dispute with respect to Khata no. 207, Plot no. 581 and Jamabandi no. 536 of a piece of land under Police Station Danapur. The said land is also a subject matter of Title Suit no. 15 of 2023 pending in the Court of learned Sub-Judge-I, Danapur by the petitioners herein along with their brother. The petitioners undertake to cooperate in the case/trial.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R against the petitioners together with the contents of the petition including the contents of Title Suit no. 15 of 2023 wherein the two petitioners herein are the plaintiffs and the subject matter of the land described in the F.I.R is also the subject matter therein, it is directed that the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Rupaspur P.S. Case no. 334 of 2023 on each of them furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.74828 of 2024(2) dt.12-11-2024 3/3 the learned Additional Chief Judicial Magistrate-Ist, Danapur, Patna.
(Partha Sarthy, J) Harsh/- U T