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2025 DAILYLAW 76668 (PAT)

Sudhir Prabhat v. The State of Bihar

CR. MISC./74727/2024 · 2025-02-05

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74727 of 2024 Arising Out of PS. Case No.-1291 Year-2018 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== Sudhir Prabhat S/o Late Ram Krishna Prasad Singh R/o 2M/68, Bahadurpur Housing Colony, P.S.- Kankarbagh, District- Patna ... ... Petitioner/s Versus 1. The State of Bihar 2. Shri Baiju Prasad S/o Late Raghunandan Prasad R/o Village- Badhanpura, P.O.- Asarhi, P.S.- Hilsa, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harish Kumar, Advocate For the Opposite Party/s : Mrs. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 05-02-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420/34 of the Indian Penal Code. 3. According to F.I.R., petitioner is alleged to be witness to the sale deed which was allegedly executed by co- accused Shiv Pujan Prasad in favour of the complainant. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner is only alleged to be the witness of the alleged sale deed and he is neither vendor nor vendee. He further submits that dispute involved in this case is purely civil in nature and petitioner Patna High Court CR. MISC. No.74727 of 2024(5) dt.05-02-2025 2/2 claims clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Patna City in connection with Complaint Case No. 1291 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Navya/- (Prabhat Kumar Singh, J) U T