Anand Thakur @ Anand Kumar Thakur Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12501 of 2025

Arising Out of PS. Case No.-460 Year-2023 Thana- CHAKIA District- East Champaran

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

Anand Thakur @ Anand Kumar Thakur, S/o Jagarnath Thakur, Resident of Village- Shekhi, Chakia, P.S- Chakia, Distt.- East Champaran.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Opposite Party/s : Mr. Madan Kumar, APP For the Informant : Ms. Dipa Divya, Adv. ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

¶9

3 25-04-2025

¶10

Heard learned Advocate for the petitioner, learned Additional Public Prosecutor for the State and learned Advocate for the informant.

¶11

Learned Advocate for the informant seeks permission to make necessary correction in the counter affidavit in course of the day.

¶12

Permission is accorded.

¶13

The petitioner seeks regular bail, who is in custody

¶14

in connection with connection with Chakia P.S. Case No.460 of 2023 registered for the offences punishable under Sections 419, 420, 406, 467, 468, 504, 506 and 120B of the Indian Penal Code.

¶15

Allegedly, the informant purchased a piece of land having Khata No.253, Khesra No.876, Area-5.816 Decimal i.e.

¶16

Patna High Court CR. MISC. No.12501 of 2025(3) dt.25-04-2025 2/5

¶17

01 Katha 4 ¾ dhur from the petitioner and other raiyat holders through registered sale deed No.2219 after payment of consideration amount to the tune of Rs.15,00,000/- (Rupees Fifteen Lakh). Subsequent thereto, when the informant went for mutation of the land, the same came to be rejected on the basis of the report of Halka Karamchari, which reveals that over the land, in question, there was a godown of Public Works Department (P.W.D.) and it belongs to the P.W.D. On the aforesaid fact, the informant found that he was cheated at the hands of the petitioner, and as such, the present case has been instituted.

¶18

Learned Advocate for the petitioner taking this Court through the FIR has contended that the informant himself admitted that before purchase of the land, in question, he himself verified that the land was bounded by a boundary wall and it was a khatiyani land, was recorded in the name of the ancestor of the petitioner and others. The report of the Halka Karamchari is not based upon any revenue record but it only suggests that a local inspection was conducted wherein the villagers have disclosed the fact that the land belongs to P.W.D. It is further contended that an information under the Right to Information Act has been sought for wherein the Circle Officer,

¶19

Patna High Court CR. MISC. No.12501 of 2025(3) dt.25-04-2025 3/5

¶20

Chakia has stated that the land in question belongs to Sarju Thakur, who is said to be ancestor of the petitioner. Moreover, even if the allegation is taken to be true, it is out and out civil in nature for which the informant has ample remedy available before the civil court of competent jurisdiction. Taking note of the aforesaid facts, co-accused persons, namely, Uday Shankar Thakur and Binod Kumar Thakur @ Binod Thakur @ Vinod Singh, have been allowed the privilege of anticipatory bail by this Court in Cr. Misc. Nos.62011 of 2024 and 66577 of 2024 vide order dated 13.09.2024, which is marked as Annexure-P/2 to the bail application.

¶21

On the other hand, learned Advocate for the State and the learned Advocate for the informant have vehemently opposed the bail application. They have contended that the petitioner has suppressed various facts before selling the land in question and thereby duped the informant and cheated more than Rs.15 lacs. Learned Advocate for the informant further submitted that one Surendra Thakur has been granted bail by the learned Sessions Judge, East Champaran, Motihari in Bail Petition No.886 of 2024 after payment of due amount but the petitioner refused to return the same.

¶22

Having considered the submissions advanced by

¶23

Patna High Court CR. MISC. No.12501 of 2025(3) dt.25-04-2025 4/5

¶24

the learned Advocate for the respective parties and after going through the allegation, this Court, prima facie, finds that the allegation levelled in the FIR, predominantly appears to be civil in nature; moreover other co-accused persons having identical allegation have been accorded the privilege of anticipatory bail and now the petitioner has been incarcerated since 17.08.2024; the investigation of the crime is complete and the charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Chakia P.S. Case No.460 of 2023, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

¶25

(i) The petitioner will cooperate in conclusion of

¶26

the trial.

¶27

(ii) He will remain present on each and every date of trial till disposal of the case.

¶28

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

¶29

(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be

¶30

Patna High Court CR. MISC. No.12501 of 2025(3) dt.25-04-2025 5/5

¶31

cancelled.

¶32

(v) The court below shall verify the criminal antecedent of the petitioner and, in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

¶33

(Harish Kumar, J)

¶34

rohit/-

¶35

U T

Anand Thakur @ Anand Kumar Thakur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anand Thakur @ Anand Kumar Thakur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Veena Devi, Vs The State of Bihar

Ajay Kumar Singh Vs The State of Bihar

Sheoji Prasad Vs The State of Bihar

Ashish Yadav Vs The State of Bihar

Ravi @ Ravi Kumar @ Ravi Ranjan Kumar @ Ravi Ranjan @ Karu Vs The State of Bihar

Ajay Mahto Vs The State of Bihar