Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74276 of 2022 Arising Out of PS. Case No.-321 Year-2022 Thana- BUXAR MUFFSIL District- Buxar ====================================================== ARVIND KUMAR SINGH S/o Madan Singh R/o Village- Nadan(Nadaon), P.S.- Buxar (Muffasil), Distt- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar Ojha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 22.09.2022, in connection with Buxar (Muffasil) P.S. Case No. 321 of 2022, F.I.R. dated 24.07.2022, registered for the offences punishable under Sections 467, 468, 469, 471, 406, 420 of the Indian Penal Code.

Prosecution story is that one Girija Devi gave a written report to the police on 24.07.2022 to the effect that petitioner on 17.06.2022 took away the informant to Buxar for Ganga-bath and after Ganga bath, Arvind Singh took her away in registry office and prepared registered paper and took her thumb impression and by such way registered her two acre fifty three decimal land with the help of other named accused persons

Patna High Court CR. MISC. No.74276 of 2022(4) dt.16-05-2023 2/3 and by fraud mentioned in the registry paper that she received Rs. Fifty lakh sixty thousand. The informant further stated that she is 75 years old lady, illiterate and her eye-sight is also weak. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that after filing of the F.I.R., the petitioner and the informant has filed compromise petition on 02.05.2023 and after filing the compromise, there is no dispute between the parties and the petitioner is in custody since 22.09.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carried two more criminal antecedent as stated in para 3 of the bail petition.

Learned counsel for the informant submits that as per instruction the compromise which has been filed before the Court below on 02.05.2023 and as per compromise petition, the informant is entitled to the land in question which was subject matter of the present F.I.R.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.74276 of 2022(4) dt.16-05-2023 3/3 sureties of the like amount each to the satisfaction of learned C.J.M., Buxar, in connection with Buxar (Muffasil) P.S. Case No. 321 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) sanjeev/- U T