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2025 DAILYLAW 47545 (PAT)

Mandal Kumar v. The State of Bihar

CR. MISC./37373/2025 · 2025-06-18

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37373 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- BIHRA District- Saharsa ====================================================== 1. Mandal Kumar S/O Late Kishto Yadav R/O Village- Saptiyahi, Police Station- Saharsa Sadar, District- Saharsa 2. Tek Narayan Kumar S/O Late Kishto Yadav R/O Village- Saptiyahi, Police Station- Saharsa Sadar, District- Saharsa 3. Ravi Kumar S/O Naresh Kumar R/O Village- Saptiyahi, Police Station- Saharsa Sadar, District- Saharsa 4. Prakash Kumar S/O Naresh Kumar R/O Village- Saptiyahi, Police Station- Saharsa Sadar, District- Saharsa 5. Ajay Kumar S/O Late Ramotar Yadav R/O Village- Saptiyahi, Police Station- Saharsa Sadar, District- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Kumari Rashmi, Adv Mr. Deepak Kumar, Adv Mr. Shailendra Kumar Singh, Adv For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 18-06-2025 1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Shri Jharkhandi Upadhyay. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 318(4), 336(2), 338, 336(3), 340(2), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita. 3. Learned counsel for the petitioners submits that the petitioner Nos. 1 and 3 have antecedent of one case, Petitioner No. 2 has antecedent of two cases and Petitioner Nos. 4 and 5 Patna High Court CR. MISC. No.37373 of 2025(2) dt.18-06-2025 2/3 are person with clean antecedent. It is next submitted that the informant alleges that by committing forgery in the Aadhar Card of his minor son, the accused persons including the petitioners got the date of birth of his minor son changed on account of which he became a major and thereafter got a sale deed executed with respect to the ancestral land of the informant through his son. 4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that the dispute is purely civil to which a criminal colour has been given. It is further submitted that son of the informant is a major and he on his own volition had executed the sale deed but then it is submitted that if what has been alleged in the FIR is true in that event the informant has remedy of approaching a court of competent civil jurisdiction for getting the sale deed cancelled. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on Patna High Court CR. MISC. No.37373 of 2025(2) dt.18-06-2025 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bihra P.S. Case No. 147 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS. SUMIT/- (Satyavrat Verma, J) U T