Sanjivan Rai @ Sajivan Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10535 of 2026 Arising Out of PS. Case No.-1120 Year-2022 Thana- DANAPUR District- Patna ====================================================== Sanjivan Rai @ Sajivan Ray Son of Late Raghunandan Rai Resident of Mohalla- New Mainapura PS -Danapur District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Urmila Devi wife of Deep Narayan Singh Resident of Mohalla- New Mainapura kharnja Road, PS -Danapur District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Danapur P.S. Case No. 1120 of 2022 lodged on 17.10.2022, for the offence punishable under Sections 420/406 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against five named accused persons including the present petitioner and 8-10 unknown persons. It has been alleged in the FIR that the petitioner has committed fraud with the informant by taking money from her in the name of selling land.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10535 of 2026(2) dt.12-03-2026 2/3 petitioner is innocent and has committed no offence. Counsel submits that the present FIR has been lodged by the informant on 17.10.2022 and prior to filing of the present FIR, the informant has also filed a complaint case bearing Complaint Case No. 972(C) of 2021 with same allegation in which cognizance has been taken and subsequently, resulted into compromise and on the basis of the compromise, the accused petitioner was discharged vide order dated 10.07.2024. The copy of the same is annexed as Annexure-P/4. Counsel further submits that the present FIR has been lodged by the informant with same allegation, whereas, the matter has already been settled. Counsel submits that before this Hon'ble Court, vakalatnama has been filed by opposite party no.2, as the name of her counsel is appearing in the cause list.
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that a complaint case was earlier lodged by the informant in which the petitioner was discharged under section 245 of the Cr.P.C. vide order dated 10.07.2024 (annexed as Annexure-P/4). Thereafter, the present FIR has been lodged by the informant with same allegation and the petitioner is seeking bail in this case.
6. As such, in the present facts and circumstances of
Patna High Court CR. MISC. No.10535 of 2026(2) dt.12-03-2026 3/3 this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Judicial Magistrate 1st Class, Danapur, Patna, in connection with Danapur P.S. Case No. 1120 of 2022, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. (Dr. Anshuman, J) Divyansh/- U T