Arbind Yadav@Arbind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75497 of 2023 Arising Out of PS. Case No.-1087 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Arbind Yadav@Arbind Kumar S/O Late Ram Khelawan Prasad Yadav Resident of Baluahi, Ward No. 23, P.S. Khagaria, Dist. Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Viveka Nand Singh, Advocate Mr.Hira Jha, Advocate For the Opposite Party/s :
Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2023 Heard Mr. Viveka Nand Singh along with Mr. Hira Jha, learned counsels appearing on behalf of the petitioner and Mr. Kalyan Shankar, learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with Khagaria P.S.Case No.1087 of 2022, registered for the offences punishable under Sections 419, 420 & 467 of the Indian Penal Code.
3. As per the allegation made in the FIR, on the basis of forged sale agreement, two accused persons named in the FIR tried to grab the land of the informant.
4. Mr. Viveka Nand Singh along with Mr. Hira Jha, learned counsels appearing on behalf of the petitioner, submits that the petitioner is named in the FIR, however, specific
Patna High Court CR. MISC. No.75497 of 2023(2) dt.29-11-2023 2/3 allegation of committing forgery is on Lal Bahadur Himalay and Madan Sahni.
5. Learned counsel further informs this Court that coaccused Nagmani Verma, against whom similar allegation has been made, whose name does not appear as a witness or executant or even identifier has been released on anticipatory bail by the learned Sessions Judge, Khagaria in Anticipatory B.A.No.691 of 2023 on 30.05.2023. He further submits that there is no ingredient of criminal action against the petitioner and the sale agreement on which basis the present FIR has been lodged can be withdrawn by the parties or the same can be challenged before the competent civil court.
6. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
7. Having considered the rival submissions made on behalf of the parties and considering the nature of allegation, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the court of Sri Kamlesh Kumar Singh, J.M., Khagaria in connection with
Patna High Court CR. MISC. No.75497 of 2023(2) dt.29-11-2023 3/3 Khagaria P.S.Case No.1087 of 2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) chn/- U