Murari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.865 of 2023 Arising Out of PS. Case No.-338 Year-2022 Thana- BIHAR District- Nalanda ====================================================== MURARI PRASAD SON OF LATE YUGAL KISHORE PRASAD R/O SERPUR, POST- PARUA, P.S.- NOOR SARAI, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajkumar Rajesh, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP.

Mr. Manindra Kishore Singh, Adv.

Mr. Prem Prakash, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 & 34 of the Indian Penal Code.

The allegation against the petitioner is that he sold the land of the informant after making manipulations in the revenue records.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation

Patna High Court CR. MISC. No.865 of 2023(5) dt.27-06-2023 2/3 levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the name of the petitioner is present in government records and petitioner has right to sell it. The informant narrated a false story only with intention to punish the petitioner by hooks and crooks. It is also submitted that the present case is purely civil in nature, for which criminal prosecution has been launched. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

Learned APP assisted by learned counsel for the informant vehemently opposing the bail application submitted that from perusal of FIR, it is evident that petitioner is involved in making forgery of revenue record and selling the land of the informant. It is further submitted that considering the nature of allegation, the petitioner does not deserve anticipatory bail. Having regard to the facts and circumstances of the case as well as the fact that the dispute between the parties is civil in nature, 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

Patna High Court CR. MISC. No.865 of 2023(5) dt.27-06-2023 3/3 Court below where the case is pending/successor Court in connection with Bihar P.S. Case No. 338 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Petitioner undertakes that he will not sell any land till final disposal of the present criminal case.

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