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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.924 of 2025 Arising Out of PS. Case No.-384 Year-2024 Thana- PANCHRUKHI District- Siwan ====================================================== Shivam Kumar @ Banti S/O Late Mohan Sah Resident of Village-Pachrukhi, P.S- Pachrukhi, Distt.- Siwan. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Naresh Prasad, Advocate For the State : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 11-02-2025 Heard learned counsels for the parties. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 316(2), 318(4) and 351(2) of the B.N.S.. 3. The prosecution case, in brief, is that this petitioner executed a deed of sale in favour of informant, namely Geeta Devi, in respect of Khata No. 250, Plot No. 712, Area- 16 dhur 2 dhurki and Khata No. 288, Plot No. 711, Area- 6 kattha 4 dhur for Rs. 18,00,000/- on 26.09.2023 but when informant went to the land she got knowledge that petitioner’s share is not as much as has been registered and on complain, this petitioner assured to return the money but later on refused and also threatened the informant. 4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.924 of 2025(2) dt.11-02-2025 2/3 behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. As a matter of fact, total are of the land of 8 katha 20 dhurki is mentioned in the name of one Laxami Sah, who has two sons, namely Paspati Sah and Madan Sah and both have equal share of 4 katha and 10 dhurki each. Paspati Sah has five sons, namely Mohan Sah, Awadhesh Sah, Om Prakash Sah, Tarkeshwar Sah and Manoj Sah and all have equal share of 16 dhur and 2 dhurki each. Petitioner is sole son of late Mohan Sah and hence has executed the sale deed to the informant of land of his share only. Moreover, from bare perusal of the F.I.R. it is apparent that the dispute is civil in nature with regard to sale and purchase of land and none of the acts allegedly committed by this petitioner would give rise to any criminal liability. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. 6. Considering the aforesaid facts and circumstances and nature of dispute, the prayer for grant of anticipatory bail to the petitioner is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.924 of 2025(2) dt.11-02-2025 3/3 petitioner 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 learned Judicial Magistrate First Class, Siwan in connection with Pachrukhi P.S. Case No. 384 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T