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2025 DAILYLAW 85829 (PAT)

Krishna Murari Sharma v. The State of Bihar

CR. MISC./87381/2024 · 2025-03-07

Anjani Kumar Sharan

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86506 of 2024 Arising Out of PS. Case No.-370 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Indu Devi W/O Late Chittranjan Sharma R/O B-19, Peoples co-operative colony, Lohia Nagar kankarbagh, P.S- Kankarbagh, District- Patna. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 83232 of 2024 Arising Out of PS. Case No.-370 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Sri Priya Ranjan Sharma @ Priya Ranjan S/o- Late Brij Nandan Sharma Mohalla- B- 19 Peoples Co-operative Colony Lohia Nagar Kankarbagh PS- Kankarbagh District- Patna ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 87381 of 2024 Arising Out of PS. Case No.-370 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Krishna Murari Sharma S/O Late Bharat Prasad Singh R/O Mangalam, C- 68, Peoples Cooperative Colony, Hanuman Nagar, Kankarbagh, P.S - Patrakar Nagar, Dist- Patna ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 88388 of 2024 Arising Out of PS. Case No.-370 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Jitendra Sharma Son of Late Hari Nandan Sharma Resident of B-19, Peoples cooperative colony, Lohia Nagar, Kankarbagh, P.S.- Kankarbagh, District- Patna ... ... Petitioner/s Patna High Court CR. MISC. No.86506 of 2024(5) dt.07-03-2025 2/4 Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 86506 of 2024) For the Petitioner/s : Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP For the Informant : Mr. Rajendra Narain, Sr. Advocate (In CRIMINAL MISCELLANEOUS No. 83232 of 2024) For the Petitioner/s : Mr. Amit Srivastava, Sr. Advocate Mr. Ranjan Kumar Jha, Advocate Mr. Sarvan Kumar, Advocate For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP For the Informant : Mr. Rajendra Narain, Sr. Advocate (In CRIMINAL MISCELLANEOUS No. 87381 of 2024) For the Petitioner/s : Mr. Mrigendra Kumar, Advocate Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP For the Informant : Mr. Rajendra Narain, Sr. Advocate (In CRIMINAL MISCELLANEOUS No. 88388 of 2024) For the Petitioner/s : Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr.Satyendra Narayan Singh, APP For the Informant : Mr. Rajendra Narain, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 5 07-03-2025 As all these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order. 2. Heard learned counsels for the parties. 3. The petitioners apprehends their arrest in a case registered for the offences punishable u/s 420, 467, 468, 471 & 120B/34 of the IPC. 4. It is alleged that the petitioner along with other co- accused persons have effectuated a partition without involving the informant and prepared a forged document to that effect, and Patna High Court CR. MISC. No.86506 of 2024(5) dt.07-03-2025 3/4 using the same they are trying to sell off the properties. It is further alleged that they have taken advances for several pieces of land on the basis of the forged partition. 5. It is submitted by learned Senior counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The investigating officer has also recorded the statement in which he has stated that he has given his impression willingly. Both the sides are agnates and there is land dispute between them. It is further submitted that similarly situated co-accused has been granted bail by this Court vide order dated 17.12.2024 passed in Cr. Misc. No.85862 of 2024. Petitioners have no criminal antecedent. 6. Learned Senior counsel for the informant APP for the State opposed the prayer for anticipatory bail. It is submitted by the learned Senior Counsel that the informant has right in the share but her share has not been given. 7. Having regard to the facts and circumstances of the case, since this is a case of pure civil dispute between the parties, let Patna High Court CR. MISC. No.86506 of 2024(5) dt.07-03-2025 4/4 the above named petitioners, be released on bail, in the event of their 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) each 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 Phulwarisharif P.S. Case No.370 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. shikha/- (Anjani Kumar Sharan, J) U T