Rajesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80660 of 2023 Arising Out of PS. Case No.-466 Year-2022 Thana- DUMRAO District- Buxar ====================================================== Rajesh Tiwari Son of Late Lalan Tiwari R/O Village- Chaugai, P.S.- Murar, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Kamal Deo Sharma, Advocate For the Informant :

Mr. Surendra Kumar Singh, Advocate Mr. Brij Mohan Das, Advocate Mr. Akhilesh Kr. Pandey, Advocate For the State :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Dumrao P.S. Case No. 466 of 2022 instituted for the offences under Sections 467, 468, 471, 120B, 420, 34 of the Indian Penal Code.

3. As per the prosecution story, the petitioner in connivance with few other accused persons had executed a sale deed, fraudulently, belonging to the informant and his two brothers in favour of four persons namely, Abhishek Kumar Pandey, Piyush Kumar, Raju Singh and Vikash Kumar Singh.

Patna High Court CR. MISC. No.80660 of 2023(2) dt.20-12-2023 2/3 He prepared forged documents and in this manner he tried to grab the property of the informant.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.10.2023 and has one criminal antecedent. Charge-sheet has not been submitted in this case. Learned counsel further submitted that earlier, the anticipatory bail of this petitioner was rejected by the coordinate Bench of this Hon'ble Court. It is further submitted by the learned counsel that the present case is of civil nature and both the parties have already filed Title Suit which is pending before the court below, the petitioner's Title Suit bearing Title Suit No. 776 of 2022 and the informant's Title Suit bearing Title Suit No. 527 of 2023 (as per Paragraph -10 of the bail petition).

5. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner the fact that the civil dispute being already pending in the court below, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.80660 of 2023(2) dt.20-12-2023 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Dumraon P.S. Case No. 466 of 2022.

(Rudra Prakash Mishra, J) Alok Verma/- U T