Abhyuday Kumar Singh @ Jhunna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84232 of 2023 Arising Out of PS. Case No.-183 Year-2018 Thana- BELSAND District- Sitamarhi ====================================================== Abhyuday Kumar Singh @ Jhunna Singh Son Of Late Mukul Singh R/O Village- Chandauli, Ward No. 01, P.S.- Belsand, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 467, 468, 471, 120B, 385, 504 and 34 of the Indian Penal Code.

3. As per FIR, petitioner along with other coaccused persons executed a forged and fabricated sale-deed in favour of co-accused Kabir Khan which was in the name of informant's mother and when having learnt about the alleged forgery, the informant went to the registry office, and protested on which the informant was abused and assaulted by the accused persons including this petitioner.

Patna High Court CR. MISC. No.84232 of 2023(2) dt.05-01-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. Both the parties belong to same family. The nature of this case is civil. It is further submitted from para-8 of this petition that as per FIR, allegation against the petitioner is that he in collusion with the Md. Kabir Khan executed a forged sale deed in favour of Md. Kabir Khan which belongs to informant's mother and the land has already been mutated in the name of his mother and the same land is in his physical possession. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide Anneuxre-2 of this petition. Moreover, the petitioner is languishing in judicial custody since 11.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Belsand P.S. Case No. 183 of 2018 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.84232 of 2023(2) dt.05-01-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi. (Sunil Kumar Panwar, J) Shubham/- U T