Ramesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28116 of 2025 Arising Out of PS. Case No.-2999 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.
Ramesh Ray S/O Late Sitaram Ray R/O Vill.- Sahabajiya, P.S.- Rajepur, Dist.- East Champaran 2.
Subodh Prasad S/O Late Durga Prasad R/O Vill.- Sahabajiya, P.S.- Rajepur, Dist.- East Champaran ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Chandan Kumar S/O Mahesh Ray R/O Vill.- Sahabajiya, P.S.- Rajepur, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Shekhar Tiwary For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a complaint case punishable for the offences under Sections 420, 323 and 34 of the Indian Penal Code.
3. The case of the complainant, in brief, is that his father, namely Mahesh Rai, had purchased a land appertaining to Khata No. 99, Khesra No. 235 area 2 katha and 7 dhur from his co-villager, namely Hardev Rai, through registered sale deed on 28.01.2006 in the name of the complainant and his brothers, namely Nand Lal Kumar and Sant Lal Kumar. It is alleged that
Patna High Court CR. MISC. No.28116 of 2025(3) dt.28-11-2025 2/3 on 28.02.2023, co-accused Nisha Devi, Vinod Kumar and Sunil Kumar fraudulently sold the land of complainant to co-accused Baiju Ram and co-accused Fuldev Rai and these two petitioners were identifier of the alleged sale deed.
4. Learned counsel for the petitioners submits that similarly situated co-accused Fuldev Rai along with sellers & purchaser of land in question have already been granted anticipatory bail by this Court, vide order dated 06.05.2025 passed in Cr.Misc. No. 26955 of 2025. He further submits that the dispute is with regard to sale and purchase of land, which is purely civil in nature and for which, complainant/opposite party no. 2 has got alternative remedy.
5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail.
6. Considering the nature of dispute and clean antecedent, the prayer for anticipatory bail of petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.28116 of 2025(3) dt.28-11-2025 3/3 East Champaran, Motihari in connection with Complaint Case No. 2999 of 2023 (Trial No. 3455 of 2024), subject to conditions as laid down under Section 482 of the B.N.S.S. (Prabhat Kumar Singh, J) anay U T