Deep Narayan Thakur @ Dip Narayan Thakur vs The State Of Bihar on 9 July, 2025

Patna High Court – Orders

Deep Narayan Thakur @ Dip Narayan Thakur vs The State Of Bihar on 9 July, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87286 of 2024
                   Arising Out of PS. Case No.-48 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Deep Narayan Thakur @ Dip Narayan Thakur S/o- Late Sahdev Thakur R/o-
                 Hasanpur Jitwarpur Paper Mill Marg P.S. Samastipur Muffashil District-
                 Samastipur Bihar

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Mo. Soniya Devi W/o- Late Budhan Sah Village- Po- Mathurapur Ps-
                 Warishnagar Dist- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Madhav Kumar, Advocate
                 For the Opposite Party/s :    Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   09-07-2025

Heard Mr. Madhav Kumar, learned counsel for the

petitioner and Mr. Abhay Kumar, learned Additional Public

Prosecutor for the State.

2. The petitioner is apprehending his arrest in

connection with Complaint Case No. 48 of 2022, for the

offences punishable under Sections 323, 324, 386, 406, 420 and

467 of the Indian Penal Code in which cognizance has been

taken under Sections 323, 354 and 420 of the Indian Penal

Code.

3. According to prosecution case, this petitioner being

an identifier of the land of the complainant has sold her land to

one Karamchand and when the complainant got to know about
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the said incident then she went to the house of the accused

persons where she was subjected to assault and they threatened

her for dire consequences.

4. Learned counsel for the petitioner submits that

petitioner has clean antecedent and he has falsely been

implicated in the present case. He further submits that it appears

from the complaint petition that the complainant has alleged that

the co-accused persons have executed a sale deed dated

29.07.2015 upon which the petitioner is an identifier and when

the complainant has applied for mutation of land in question on

22.06.2021 then she came to know that the said land was in the

name of petitioner who has sold the said land in the name of

Karamchand son of Anand Rai of Village Jitwarpur Nizamat. He

further submits that it appears from the complaint petition that

the said complaint petition is filed after delay of only 7 years

and no explanation has been given in the complaint petition

regarding the delay. He further submits that the petitioner is

netiher the vendor nor the vendee of the land in question and he

is only the identifier of the sale deed and due to this reason he

has been falsely been implicated in this case. He further submits

that the present case is of civil dispute and apart from that the

petitioner has no role at all in the present case and he is not the
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beneficiary of the sale deed (land in question).

5. Learned Additional Public Prosecutor has

vehemently opposed the prayer for bail of the petitioner and

submits that the petitioner is named in the complaint petition.

6. Considering the aforesaid facts and circumstances

that the petitioner has clean antecedent, he is not the beneficiary

of the land in question and he is only the identifier of the sale

deed in question, let the petitioner, above named, in the event of

arrest or surrender before the court below within a period of

thirty days from the date of receipt of the order, be released on

bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

with two sureties of the like amount each to the satisfaction of

the learned Chief Judicial Magistrate, Samastipur in connection

with Complaint Case No. 48 of 2022, subject to the conditions

as laid down under Section 438(2) of the Code of Criminal

Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

Sanhita and with other following conditions:-

i. Petitioner shall co-operate in the trial and shall be

properly represented on each and every date fixed by the court

and shall remain physically present as directed by the court and

on his absence on two consecutive dates without sufficient

reason, his bail bond shall be cancelled by the Court below.
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ii. If the petitioner tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to

move for cancellation of bail.

iii. And further condition that 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 step for

cancellation of bail bond of the petitioner. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

(Rajesh Kumar Verma, J)
Vanisha/-

U      T