IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87989 of 2024 Arising Out of PS. Case No.-466 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Vijay Kumar @ Viijay Mandal S/o- Late Hira Mandal R/o- Barharwa Siwan Ps-Dhaka Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mohit Raj, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 5 08-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Dhaka P.S. Case No. 466 of 2023, registered for the offences punishable under Sections 420, 467, 468, 471 and 34 of the I.P.C. 3. Based upon the written report the prosecution alleges that the informant had purchased 12 dhurs of land from Md. Husnain and after getting the sale deed executed, he has been coming in possession of the land in question. It is further alleged that, while the F.I.R., named accused persons were creating disturbances over the said land, he tried to verify the matter. Thereafter, co-accused, Md. Aslam said that Patna High Court CR. MISC. No.87989 of 2024(5) dt.08-05-2025 2/4 he has already purchased the land from one Antima Tiwari, who has purchased it from the informant. However, the informant had not executed any such sale deed in favour of Antima Tiwari. 4. Learned Advocate for the petitioner submits that the petitioner is neither named in the F.I.R., nor he has any connection with the present occurrence; in fact, he has no concern with the crime in question. It is submitted that by impersonating the informant, some other person by giving the photograph of the petitioner has affidavited in the registry office and executed the sale deed. Moreover, the petitioner has never been visited the registry office. All the more, the informant has filed a title suit bearing no. 139 of 2023 before the Sub-Judge, East Champaran, on 24.08.2023 against other accused persons. Since, the matter is purely civil in nature and the land in question is still in possession of informant, who has filed a suit for cancellation of the sale deed, keeping the petitioner behind the bar would serve no further purpose. The accused persons, especially, Antima Tiwari, who is said to be the purchaser of the land has already been extended the privilege of anticipatory bail by a coordiante Bench in Cr. Misc. No. 54976 of 2024. The petitioner lastly submits that he Patna High Court CR. MISC. No.87989 of 2024(5) dt.08-05-2025 3/4 bears fair antecedent and undertake before this Court that he will fully cooperate in the proceeding of the Court. 5. On the other hand, learned counsel for the State vehemently opposed the pre-arrest bail application and submits that this petitioner by impersonating the informant had sold his land. 6. Regard being had to the submissions made on behalf of the parties and considering the submissions and the fact that for cancellation of sale deed there is already a title suit pending between the parties coupled with the submissions advanced and the fair antecedent of the petitioner as also the fact that co-accused person in whose favour the land was transferred has been extended the privilege of anticipatory bail, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, East Champaran, in connection with Dhaka P.S. Case No. 466 of 2023, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 Patna High Court CR. MISC. No.87989 of 2024(5) dt.08-05-2025 4/4 with the further condition that one of the bailors shall be the own/close family members of the petitioner. aditya/- (Harish Kumar, J) U T