Rajkumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73819 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Rajkumar S/O Late Mahendra Prasad Verma R/O Village- Barauni-1 (BARAUNI) Ward No. 14, Near Bichli Durga Sthan, P.S- Barauni, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2024 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 Bachhwara P.S. Case No. 13 of 2023 dated 15.01.2023 registered for the offences punishable under Sections 468, 420, 427 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the co-accused Pankaj Kumar came to purchase the land of the informant and agreed to deposit half of the amount and another half at the registry of the land, but the co-accused Pankaj Kumar prepared kewala

Patna High Court CR. MISC. No.73819 of 2023(2) dt.10-01-2024 2/3 document twice without payment. Thereafter, the informant did not appear and as a result, it was cancelled. Despite, the earlier kewala rejection on 21.10.2007, the co-accused Pankaj Kumar prepared a forged and fabricated document on 20.02.2007 with the help of the petitioner and other co-accused persons.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is a deed writer. Learned counsel has further submitted that there is a delay of 16 years in lodging the FIR from the date of knowledge with respect to commission of crime and 10 years from the date of giving application.

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 as well as the nature of allegation against the petitioner, 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, Begusarai in connection with Bachhwara P.S. Case No.13 of

Patna High Court CR. MISC. No.73819 of 2023(2) dt.10-01-2024 3/3 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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