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Patna High CourtCR. MISC./4892/2024allowed

Arun Kumar @ Arun Kumar Shrivastav v. The State Of Bihar

2024-05-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4892 of 2024 Arising Out of PS. Case No.-122 Year-2022 Thana- MAINATAND District- West Champaran ====================================================== Arun Kumar @ Arun Kumar Shrivastav Son of Late Hari Prasad @ Anup Kumar Resident of Village - Purainiya, P.S.- Mainatand, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Shrivastava For the State :

Mr. Dinesh Singh For the Informant :

Mr. Sunil Kumar No. III ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 468, 420, 406, 120(B), 34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he had taken consideration money of Rs.3,65,000/- from the informant for executing sale deed in favour of the informant but not executed sale deed in favour of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.4892 of 2024(3) dt.15-05-2024 2/2 the petitioner and his brother have already executed sale deed in favour of the informant and his brother on 10.03.2022 (Annexure-2 to this application). Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as leaned counsel for the informant opposed the prayer for anticipatory bail and submitted that the petitioner had not executed any sale deed in favour of the informant.

6. Considering the facts and circumstances of the case, arguments of the parties and the fact that it is civil nature dispute between the parties, 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 Court below where the case is pending/successor Court in connection with Mainatand P.S. Case No. 122 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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