Awdhesh Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79617 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== AWDHESH PODDAR S/O LATE BASUDEO PODDAR @ VASUDEV PODDAR R/O VILLAGE- BHAWANIPUR, P.S- RANGRA O.P, DISTT.- BHAGALPUR.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SAKUNTALA DEVI @ SHAKUNTALA CHANDRAN D/O LATE BALDEO PRASAD PODDAR, W/O CHANDRABHUSHAN PRASAD R/O CHHOTI THAKURBARI ROAD, WARD NO. 18 NEAR POST OFFICE NAUGACHIA BAZAR, P.S- NAUGACHIA, DISTT.- BHAGALPUR. AT PRESENT WARD NO. 7, CHAK LOKMAN, DALSINGSARAI, P.S- DALSINGSARAI, DISTT.- SAMASTIPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Raghwendra Pratap Singh, Advocate For the State :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2024 Heard learned counsels for the parties.

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

3. As per prosecution case, it is alleged that this petitioner, by making forged sale deed, has mutated the land of the informant in his favour.

4. It is submitted by learned counsel appearing on behalf of the petitioner that from bare perusal of the F.I.R. itself it is apparent that the dispute is predominantly of civil nature,

Patna High Court CR. MISC. No.79617 of 2023(3) dt.05-03-2024 2/2 for which no criminal liability can be fastened against this petitioner. It is next submitted that a mutation case is already pending between the parties before the learned D.C.L.R., Naugachia. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 A.C.J.M. 1st, Naugachia, Bhagalpur, in connection with Naugachia P.S. Case No.384 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T