Allowed¶19

Nipu Kumar v. The State of Bihar

Patna HC6 Feb 2024CR. MISC./21540/2023

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) Cr.P.C.; Sections 420, 467, 468, 471/34 IPC; alleged double sale of land; petitioner witness in registered sale deed; civil dispute between parties; general/omnibus allegation contention; one criminal antecedent disclosed; Motihari Town P.S. Case No. 507 of 2015; East Champaran; bail bond Rs. 25,000 with two sureties; State opposition by APP; Patna High Court CR. MISC. No. 21540 of 2023; Anjani Kumar Sharan, J.; order dated 06-02-2024.

What did the court decide?

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs. 25,000 with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C., in connection with Motihari Town P.S. Case No. 507 of 2015. ¶19

Nipu Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Motihari Town P.S. Case No. 507 of 2015 for offences under Sections 420, 467, 468, 471/34 IPC, should be released on anticipatory bail.

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Court's answer

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender before the learned Court below within six weeks, on furnishing a bail bond of Rs. 25,000 with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C., in connection with Motihari Town P.S. Case No. 507 of 2015.

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Ratio / Principle

Bail was granted taking into account the facts and circumstances of the case and the fact that the matter is a civil dispute between the parties.

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Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J.; order dated 06-02-2024) allowed an anticipatory bail application in CR. MISC. No. 21540 of 2023 arising out of Motihari Town P.S. Case No. 507 of 2015 (East Champaran), in which the petitioner apprehended arrest for offences under Sections 420, 467, 468, 471/34 IPC. The prosecution alleged that the petitioner, along with co-accused, sold a piece of land to the informant and thereafter sold the same land to another person; the petitioner was said to be a witness in the registered sale deed. Considering the facts and circumstances and that the matter was a civil dispute between the parties, the Court directed release on bail upon arrest or surrender before the Court below within six weeks, on a bail bond of Rs. 25,000 with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C. No precedent was cited in the order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21540 of 2023

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Arising Out of PS. Case No.-507 Year-2015 Thana- MOTIHARI TOWN District- East Champaran

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======================================================

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Nipu Kumar Son Of Ram Chandra Sah Resident Of Village - Raghunathpur, P.S.- Turkauliya, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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6 06-02-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Learned counsel for the petitioner filed a jointness petition on 26.09.2023 stating therein that opposite party no. 2 is residing with her husband in her matrimonial house and the notice was received by the husband of opposite party no. 2. Therefore, the notice is treated as validly served upon opposite party no. 2.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code.

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As per the prosecution case, informant alleged that the petitioner along with other co-accused persons have sold a piece of land to the informant, later on they sold the same land to another person. The petitioner is said to be the witness in the

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Patna High Court CR. MISC. No.21540 of 2023(6) dt.06-02-2024 2/2

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registered sale deed.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is only witness in the registered sale deed. He further submits that it is a civil dispute between the parties. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposes prayer for anticipatory bail.

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Considering the facts and circumstances of the case and the fact that it is a civil dispute between the parties, let the above named petitioner, be released on bail, in the event of his 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) 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 Motihari Town P.S. Case No. 507 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

Nipu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nipu Kumar v. The State of Bihar

Case brief

What is this about?

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What the court decided

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