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Patna High CourtCR. MISC./18889/2022allowed

Rajbahadur Rai v. The State Of Bihar

2022-09-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18889 of 2022 Arising Out of PS. Case No.-208 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== RAJBAHADUR RAI Son of Late Kanchan Rai Resident of Village - Khardeul Mahna, P.s.- Chanpatiya, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2022 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 Bettiah (Town) P.S. Case no. 208 of 2021 instituted for the offence under Sections 341, 323, 384, 367, 368, 371, 420, 406 of the Indian Penal Code and Section 138 of the N.I. Act.

As per allegation in the FIR, several accused persons including the petitioner have taken a huge amount from the complainant on the pretext of execution of land in his favour. Later on complainant came to know that the alleged land was prohibited for sale on which he asked to return his money. It is further alleged that on 2.6.2020, accused persons threatened him of dire consequences.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.18889 of 2022(2) dt.21-09-2022 2/2 Informant's wife had received Rs. 2,00,000/- on 5.8.2022 and rest of the 11,00,000/- she will get in eight equal installment of Rs. 10,37,500/- after every two months. After prevailing good sense between the parties, the matter has been compromised and photocopy of compromise petition is annexed as Annexure-4 to the supplementary affidavit.

Learned APP appearing for the State has opposed the prayer of Bail.

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 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 Bettiah (Town) P.S. Case no. 208 of 2021, 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 CJM, Bettiah, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U