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Patna High CourtCR. MISC./83406/2023allowed

Amit Prasad v. The State Of Bihar

2024-01-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83406 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- SAHAJITPUR District- Saran ====================================================== Amit Prasad Son Of Hareram Prasad R/O Village- Chitauni, P.S.- Sahajitpur, District- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 323, 420, 467, 468, 471, 472, 120(B)/34 of the Indian Penal Code. As per allegation in F.I.R., informant alleged that petitioner, being his son, in collusion with other coaccused persons sold his ancestral property and declared his father dead. It is further alleged that when the informant inquired to accused persons about the said forgery, they abused and assaulted him and threatened

Patna High Court CR. MISC. No.83406 of 2023(2) dt.04-01-2024 2/3 of dire consequences.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to greedy intention and family dispute by the informant who is father of the petitioner. It is further submitted that petitioner has sold ancestral land which is his own share, but due to typographical error "Late" word has been typed in the name of father of the petitioner. This case is civil in nature. Moreover, the petitioner is languishing in judicial custody since 20.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.83406 of 2023(2) dt.04-01-2024 3/3 The above named petitioner is directed to be enlarged on bail in connection with Sahajitpur P.S. Case No. 186 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saran, Chapra.

(Sunil Kumar Panwar, J) Nirajkrs/- U T