Aaditya Kumar @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71156 of 2022 Arising Out of PS. Case No.-256 Year-2022 Thana- MAJORGANJ District- Sitamarhi ====================================================== Aaditya Kumar @ Aditya Kumar, S/O Late Amrendra Kumar Singh, Resident of Village- Dumrikala, P.S.- Majorganj, District- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Majorganj P.S. Case No. 256 of 2022 dated 25.08.2022 registered for the offences punishable u/ss 406, 420, 467, 468, 471 and 120B read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the other family members are alleged to have executed sale deed in favour of Amlesh Das, Sachindra Das and Ruksana Khatoon by

Patna High Court CR. MISC. No.71156 of 2022(2) dt.05-04-2023 2/3 preparing a forged document. It is further alleged that the co-accused persons have also made tampering in the official documents.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was a partition suit which was disposed off in the year of 1976. However, both the parties have preferred appeal and cross-appeal against the said judgment. The co-accused person has already been granted bail by the Coordinate Bench vide order dated 25.02.2023 passed in Cr. Misc. No. 64740 of 2022. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.08.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Majorganj P.S. Case No. 256 of 2022, with the condition :-

1. The petitioner is directed to

Patna High Court CR. MISC. No.71156 of 2022(2) dt.05-04-2023 3/3 remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds is liable to be cancelled.

The application stands allowed.

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