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Patna High CourtCR. MISC./6714/2024allowed

Langat Ram v. The State Of Bihar

2024-04-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6714 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Langat Ram S/O Late Brichha Ram R/O Village- Kauwahan, P.S- Sugauli, Distt.- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Jitendra Pandey S/O Virendra Pandey R/O Village- Gidha, P.S- Sugauli, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sugauli P.S. Case no. 293 of 2023 instituted for the offence under Sections 420, 467, 468, 471, 384, 385 and 34 of the Indian Penal Code.

As per allegation in the FIR, accused persons have fraudulently sold the informant's land by showing incorrect address and concealing correct fact in favour of the co-accused persons. Allegation against this petitioner is that he has executed registered sale deed with respect to 2 katha land of the

Patna High Court CR. MISC. No.6714 of 2024(3) dt.04-04-2024 2/3 informant without any right. It is further alleged that they used to threaten the informant to implicate him for the offences punishable under the provisions of SC/ST Act, if he will not fulfill the ransom demand of Rs. five lacs.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted from para-7 of this petition that the said land is khatiyani land in the name of Manu Chamar who was the grand father of co-accused Jagan Ram from whom the petitioner had purchased the said land by giving the real price of said land and thereafter the said Jagan Ram has given the possession of land to the petitioner and still the said land is coming in his peaceful possession. In fact, the petitioner has not cheated with anyone and he is the bona fide purchaser of the said land. The nature of this case is civil. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by this Court vide order 28.11.2023 in Cr. Misc. No. 72610 of 2023.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner

Patna High Court CR. MISC. No.6714 of 2024(3) dt.04-04-2024 3/3 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sugauli P.S. Case no. 293 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shubham/- U T