Ram Bachan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82610 of 2024 Arising Out of PS. Case No.-396 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== Ram Bachan Sharma S/O Late Ram Chandra Sharma R/O- Village- Bairi, P.S.- Sanjhauli, Distt- Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shiv Bachan Sharma S/O Late Ram Chandra Sharma R/O Village- Bairi, P.S.- Sanjhauli, Distt- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Adv.
For the State :
Mr. Shantanu Kumar, APP.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 120B, 467, 468, 471, 386 of the Indian Penal Code. However, later on, cognizance has been taken under Section 420 of the Indian Penal Code only.
3. The allegation is that a part of the land of the complainant was fraudulently sold by all the accused persons including the petitioner.
4. Learned counsel for the petitioner submits that all the allegations levelled against the petitioner are totally false
Patna High Court CR. MISC. No.82610 of 2024(3) dt.28-04-2025 2/3 and based on concocted facts. He is only the witness to the said sale deed. It is further submitted that it would be evident from a bare perusal of the complaint petition itself that the petitioner is not the one who has indulged in the sale of the land. Moreover, the petitioner is also the real brother of the complainant and the matter arises out of some dispute in the family with regard to land. It is also submitted by learned counsel for the petitioner that purchasers of the said land have also not been made accused in the present case.
5. Learned APP for the State opposes the prayer for bail
6. Considering the facts and circumstances of the case and particularly that the matter arises out of a land dispute and is primarily civil in nature and also that petitioner is only a witness to the alleged sale deed, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. IV, Rosera, 1st Class, Bikramganj, Rohtas in connection with Complaint Case No. 396 of 2022, subject to
Patna High Court CR. MISC. No.82610 of 2024(3) dt.28-04-2025 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.
(Soni Shrivastava, J) divyanshi/- U T