Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22944 of 2025 Arising Out of PS. Case No.-350 Year-2019 Thana- GOPALPUR District- Patna ====================================================== Manoj Kumar S/O Shiv Bachan Rai R/O Vill-Ilahibagh, Ps-Gopalpur, DistPatna, Bihar Pin Code-800007 ... ... Petitioner
Versus
1.
The State of Bihar 2.
Shashikant S/O Shri Nikhilesh Kumar Office at 315, Maharaja Kameshwar Complex, Frazer Road, P.S- Kotwali, Dist- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhukar Mohan, Advocate For the Opposite Party/s :
Mr.Satyendra Narayan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 147, 148, 406, 420, 504, 506 and 341 of the IPC.
3. As per the prosecution case, informant entered into an agreement with the accused persons including the petitioner for purchase of some land and on 12.04.2016 he entered into a registered agreement to sale and accordingly paid a sum total of Rs.50 lakhs to Shivvachan Rai and his sons and daughters. Later on, he was given possession over the land and he constructed boundary wall and took electricity connection and in this way, incurred expense of Rs.55 lakhs. He further alleged that on
Patna High Court CR. MISC. No.22944 of 2025(3) dt.13-05-2025 2/3 14.11.2009, the accused persons and other anti social elements, armed with lathi and danda, tried to take possession of the land forcibly and on protest, accused persons abused the informant.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be son of coaccused Shiv Bachan Rai. Petitioner has got no concern with alleged occurrence. Moreover, the dispute is out and out civil dispute for which informant has filed Title Suit No. 484/2019 in which petitioner has been arrayed as an defendant. Co-accused, with similar allegation, has already been allowed pre-arrest bail by a co-ordinate bench of this Court vide order passed in Cr.Mis.No. 83041/2024.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IX, Patna in Gopalpur Police Station Case No. 350 of 2019, subject to the conditions laid down under section
Patna High Court CR. MISC. No.22944 of 2025(3) dt.13-05-2025 3/3 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T