Shailendra Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76487 of 2023 Arising Out of PS. Case No.-442 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== SHAILENDRA PRATAP SINGH S/O NAGENDRA SINGH VILLAGEBISWAS SIRISIYA, PS. CHANPATIYA (SIRISIYA O.P.), DIST. WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP For the Informant :

Mr. Sagar Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard Mr. Brij Kishor Mishra on behalf of the petitioner, Mr. Sagar Kumar learned counsel on behalf of the informant and Mr. Dilip Kumar No.1, learned APP on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 341, 504, 506, 420, 468, 467, 120(B) of the Indian Penal Code.

3. Allegedly, the petitioner is said to have sold the land of the informant by means of committing forgery to one Manju Kumari Das.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. He submits that there is an

Patna High Court CR. MISC. No.76487 of 2023(2) dt.05-12-2023 2/2 admitted land dispute between the parties and both sides are agnates. He further submits that the informant has not filed any suit regarding cancellation of said sale deed. Petitioner has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering that this is a case of civil dispute between the parties, let the above named petitioner, be released on bail, in the event of his/her 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 Chanpatiya (Sirisiya) P.S. Case No.442 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T