Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5551 of 2020 Arising Out of PS. Case No.-601 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

Ajit Kumar Son of Bateshwar Rai Resident of Village - Basudeo Patti, P.S.- Saraiya, District - Muzaffarpur.

2.

Khobhari Rai Son of Jalim Rai Resident of Village - Basudeo Patti, P.S.- Saraiya, District - Muzaffarpur.

3.

Rabish Kumar @ Rabhish Kumar Son of Late Anchi Rai @ Budhan Rai Resident of Village - Basudeo Patti, P.S.- Saraiya, District - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Uday Prakash Shrarma, Advocate For the Opposite Party :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2020 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are apprehending arrest in connection with Saraiya P.S. Case No. 601 of 2019 for offences under Sections 406, 420, 341, 323, 384, 385, 506 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedents.

The allegation against the petitioners and others is that they have obtained sale deed of the informant on the point of pistol. Learned counsel has drawn attention to the Court that the

Patna High Court CR. MISC. No.5551 of 2020(3) dt.01-07-2020 2/2 alleged occurrence took place on 03.07.2019 whereas the written report was filed on 05.09.2019. Learned counsel also submits that the informant, who is issueless, on his own sweetwill, sold out land after taking due consideration money. He has filed the present case to avoid the consequence of the execution of the sale deed.

Considering the fact that the petitioners have no criminal antecedents and there is inordinate delay in lodging the first information report, this Court is inclined to grant bail to them. Let petitioners, above-named, in the event of arrest or surrender within one month from today, be released 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 Chief Judicial Magistrate, Muzaffarpur in connection with Saraiya P.S. Case No. 601 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) BT/- U T