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Patna High CourtCR. MISC./1960/2023allowed

Rajesh Kumar Gananayak v. The State Of Bihar

2023-03-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1960 of 2023 Arising Out of PS. Case No.-283 Year-2022 Thana- RAMKRISHNANAGAR District- Patna ====================================================== 1.

Rajesh Kumar Gananayak S/O Late Ramdeo Prasad Singh Resident Of Village- Postal Park, Bangali Tola, P.S.- Jakkanpur, District- Patna. 2.

Ranjana Kumari @ Ranjana Sinha W/O Rajesh Kumar Gananayak Resident Of Village- Postal Park, Bangali Tola, P.S.- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhimanyu Deo, Adv.

Mr. Saurabh Singh, Adv.

For the Informant Mr. Rohit Kumar, Adv.

Mr. Manish Kr. No. 13, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 384, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that the petitioners are the blood relatives of the informant. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the land in question also belongs to these petitioners. He submits that the informant was constructing house over the land from one year and they have not been

Patna High Court CR. MISC. No.1960 of 2023(2) dt.24-03-2023 2/3 troubled or obstructed by the petitioners but due to malicious and malafide intention of the informant, the instant case has been brought upon against them only with a view to grab the property of these petitioners by making them accused in false criminal case. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State and learned counsel for the informant oppose the prayer for bail.

Considering the facts and circumstances of the case and the fact that both parties are own family member and there is admitted land dispute, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Ramkrishna Nagar P.S. Case No. 283 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T

Patna High Court CR. MISC. No.1960 of 2023(2) dt.24-03-2023 3/3