Anticipatory bail granted where no criminal offence is established and the matter is primarily civil in nature.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 01-12-2025 Heard the parties.

2. The petitioner has preferred this application for grant of anticipatory bail in connection with Chitragupta Nagar P. S. Case No. 14 of 2025 registered for the offences punishable under Sections 126(2), 329(3), 318(4), 338, 336(3), 340(2), 352, 3(5) of BNS.

3. As per FIR, allegation against the petitioner-Barun Kumar Viyogi is to sell the land (area 21.80 decimal) of informant fraudulently to one Punam Devi and Rekha Devi on 27.06.2024 through registered sale deed no. 2765 and 2764 respectively.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case with malicious intention. He further submits that petitioner has sold his own land to co-accused Punam Devi and Rekha Devi, as jamabandi of the land in question is running in the name of petitioner. He also submits that informant has not filed any civil suit against kewala\deed no. 2765 and 2764 before any competent court for declaring them as null and void so, this fact shows that alleged sale deed has not wrongly been executed by the petitioner. Petitioner has got no criminal antecedent as stated in para 3 of the bail application.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. After going through the record and considering the submissions made on behalf of the parties, it clearly transpires that no criminal offence is made out against the petitioner, moreover, it is a civil dispute between the parties.

7. Keeping in view the aforesaid facts and considering the clean antecedent of the petitioner, let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Chitragupta Nagar P. S. Case No. 14 of 2025 subject to the conditions as laid down under Section 482 of BNSS .

(S. B. Pd. Singh, J)