Manish Sarvesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77706 of 2024 Arising Out of PS. Case No.-1504 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Manish Sarvesh Son of Late Ravish Kumar R/O Prem Niketan, MohallaShivpuri, Chitkohra Bazar, P.O.- Anishabad, P.S.- Gardanibagh, Dist.- Patna. 800002 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhinav Srivastava, Sr. Advocate Mr. Raushan Raushan, Advocate For the Opposite Party/s :

Mr. Y.C. Verma, Sr. Advocate Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2025 Heard learned Senior Counsel Mr. Abhinav Srivastava for the petitioner and Mr. Y.C. Verma, learned Senior Counsel for the opposite party.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 465, 504, and 409/34 of the Indian Penal Code.

3. As per the prosecution story, the allegation against the petitioner is that along with other accused persons prepared forged documents and sold the due share of the land of his own brother.

4. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. It is further submitted that it is a civil dispute between the parties and title suit has already been filed by the parties. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Patna High Court CR. MISC. No.77706 of 2024(3) dt.31-01-2025 2/2

5. Learned APP for the State opposes the prayer for bail.

6. A supplementary affidavit has been filed on behalf of the petitioner in which he has stated that present case was in the court of learned Additional Chief Judicial Magistrate, XIV, Patna, however it has been stated in the prayer portion that the present F.I.R is in the Court of learned Additional Sessions Judge-VIII, Patna.

7. Having regard to the facts and circumstances of the case, and the nature of the case being civil dispute in nature between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Phulwari Sarif P.S. Case No. 1504 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) aditya/- U T