Gagan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5530 of 2024 Arising Out of PS. Case No.-653 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== 1.

Gagan Ray Son Of Mangal Ray Resident Of Village - Dhamauli Ramnath Tole, Madhuwan, Police Station - Kanti, District - Muzaffarpur 2.

Rita Devi Wife Of Sanjay Ray Resident Of Village - Dhamauli Ramnath Tole, Madhuwan, Police Station - Kanti, District - Muzaffarpur ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Ravi Nandan, Advocate For the Opposite Party :

Mr.Choubey Jawahar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 420, 468/120B and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including these petitioners fraudulently sold land of the informant to petitioner no.2 by presenting fake documents.

4. While denying the allegation, learned counsel for the petitioners submits that parties are pattidar and dispute is of civil nature for which Title Suit No. 256 of 2017 is already pending in the Court of Sub Judge III, West Muzaffarpur. Petitioner no.2 has purchased the said land on payment of entire

Patna High Court CR. MISC. No.5530 of 2024(2) dt.17-02-2024 2/2 consideration amount to Jyoti Kumari.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, 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 Judicial Magistrate 1st class, West Muzaffarpur in Kanti Case No. 653 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T