Jagdish Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16877 of 2025 Arising Out of PS. Case No.-3917 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
Jagdish Rai Son of Late Balkishun Rai Village- Akopur PS- Janipur DisttPatna 2.
Devendra Kumar son of Sri Jagdish Rai Village- Akopur PS- Janipur DisttPatna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ramesh Kumar Tiwari Son of Late Yamuna Tiwari, R/o village- 532, Nehru nagar Ps- patliputra, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishwanath Prasad, Adv.
For the Opposite Party/s :
Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 420, 504 of the Indian Penal Code.
3. As per prosecution case, despite receiving Rs. 2,50,000/-, in advance, petitioners refused to register the land in favour of the complainant/opposite party no. 2 and abused him.
4. By way of filing supplementary affidavit, learned counsel for the petitioners submits that petitioners are ready to deposit genuine claim of the complainant/opposite party no. 2 of Rs. 2,50,000/- (Rupees two lacs fifty thousand) in easy installments.
Patna High Court CR. MISC. No.16877 of 2025(5) dt.04-08-2025 2/3
5. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class - XIV, Patna/concerned Court in connection with Complaint Case No. 3917(C) of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further following conditions: "(A) At the time of furnishing bail-bond, the petitioners shall deposit Rs. 1,00,000/- (One lac) in the Nazarat of concerned Civil Court and receipt of the same shall be furnished alongwith bailbonds. (B) Rest amount i.e. Rs. 1,50,000/- (One Lac & fifty thousand) shall be deposited in the Nazarat of concerned Civil Court in three equal installments of Rs. 50,000/- (fifty thousand) each within a period of six months from the date of furnishing bail-bonds.
(C) The aforesaid payment shall be subject to final outcome of the case.
(D) If petitioners fail to comply the direction of this Court, the learned Court below would be at liberty to cancel the bail-bonds of the petitioners."
6. This order has been passed, without going into the
Patna High Court CR. MISC. No.16877 of 2025(5) dt.04-08-2025 3/3 merit of the case, only for the purpose of considering the prayer for anticipatory bail of petitioners.
(Prabhat Kumar Singh, J) anay U T