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2026 DAILYLAW 42779 (PAT)

Nitesh Kumar v. The State of Bihar

CR. MISC./85747/2025 · 2026-02-09

Prabhat Kumar Singh

Transfer Petitionbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85747 of 2025 Arising Out of PS. Case No.-305 Year-2023 Thana- GANDHIMAIDAN District- Patna ====================================================== Nitesh Kumar S/O Sri Pawneshwar Mandal Resident of Ward No. 4, Ujan, P.O- Lohna Road, P.S- Sakatpur, Distt.- Darbhanga (Bihar), Pin- 847407 bearing Aadhar No. 378809191894. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandrashekhar Azad, Advocate For the Opposite Party/s : Mrs. Gulnar Begum,, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 09-02-2026 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code. 3. The prosecution case, as disclosed in the first information report, is that one Sushma Sharma, upon receipt of information that few persons had impersonated her and her son Nishant Kumar and sold her ancestral land by way of registry, the informant visited the registry office and found that one Shravan Kumar had impersonated himself to be the son of Sushma Sharma and registered her land in the name of one Pranav Kumar. This petitioner is alleged to be witness of the sale deed. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner is only alleged to be the witnesses in the sale deed No. 18590. He Patna High Court CR. MISC. No.85747 of 2025(2) dt.09-02-2026 2/2 further submits that petitioner is not the beneficiary of the sale deed and never received any money. It is further submitted that co- accused, namely, Dharmendra Kumar has already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 25.07.2025 passed in Cr. Misc. No. 31869 of 2025. Moreover, dispute involved in this case is with regard to sale and purchase of land which is purely of civil nature. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the nature of accusation and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their 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) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Patna in connection with Gandhi Maidan P. S. Case No. 305 of 2023, subject to condition as laid down under Section 482(2) of the BNSS. Navya/- (Prabhat Kumar Singh, J) U T