Vinay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77375 of 2023 Arising Out of PS. Case No.-802 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Vinay Kumar Singh Son Of Hari Keshav Prasad Singh Resident Of Village - Sahuri, P.S. - Chakmehsi, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra For the State :
Mr. Ram Anurag Singh For the Informant :
Mr Manish Chandra Gandhi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 328, 420, 467, 468 and 120(B) and 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that all the accused persons got the two sale deeds executed in favour of the petitioner with respect to 43.50 decimals and 22 decimals of land respectively by committing forgery in collusion with the employees of Registry Office.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.77375 of 2023(2) dt.07-12-2023 2/3 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is the purchaser of the said land. There is no specific overt act against the petitioner. One of the co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 07.07.2023 passed in Cr. Misc. No. 27118 of 2023 and bail application of some of the co-accused has been rejected by a co-ordinate Bench of this Court vide order dated 07.07.2023 passed in Cr. Misc. No. 25655 of 2023. He further submits that the father of the informant has filed a Title Suit No. 1654 of 2022 in the Court below. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submitted the petitioner in connivance with other coaccused persons have fraudulently executed sale deed in his favour.
6. Considering the facts and circumstances of the case, arguments of the parties and from perusal of the records, it appears that it is a civil dispute 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
Patna High Court CR. MISC. No.77375 of 2023(2) dt.07-12-2023 3/3 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 Mahua P.S. Case No. 802 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T