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Patna High CourtCR. MISC./24442/2022bail granted

Ramashish Singh v. The State Of Bihar

2022-11-10Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24442 of 2022 Arising Out of PS. Case No.-690 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Ramashish Singh, Son Of Late Medni Singh Resident Of Village- Dhanpur, P.S.- Kashichak, District- Nawada, At Present Residing At Faridabad English, Ward No.5, Block- Lakhisarai, P.S.- District- Lakhisarai. 2.

Tara Devi, W/O Ramashish Singh Resident Of Village- Dhanpur, P.S.- Kashichak, District- Nawada, At Present Residing At Faridabad English, Ward No.5, Block- Lakhisarai, P.S.- District- Lakhisarai. 3.

Baby @ Baby Devi, W/O Amresh Kumar Resident Of Village- Dhanpur, P.S.- Kashichak, District- Nawada, At Present Residing At Faridabad English, Ward No.5, Block- Lakhisarai, P.S.- District- Lakhisarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma- Sr. Advocate Mr. Rajesh Kumar- Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2022 Heard learned senior counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code. The learned senior counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.1 is 75 years of age and petitioner no.2 is 71 years of age and the informant alleges that the accused persons after receiving Rs.50 Lakhs from different intending purchasers of

Patna High Court CR. MISC. No.24442 of 2022(2) dt.10-11-2022 2/3 land did not execute the sale deed despite informant was ready along with other intending purchasers to make the entire payment for land in question.

The learned senior counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the dispute is purely civil which has been given a colour of criminal case. It is next submitted that if what has been alleged in the F.I.R. is true, then informant has remedies available in law. It is next submitted that even the informant has filed a suit for the Specific Performance of Contract bearing Title Suit No.149 of 2021 (Annexure-3 to the anticipatory bail application).

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Lakhisarai P. S.

Patna High Court CR. MISC. No.24442 of 2022(2) dt.10-11-2022 3/3 Case No.690 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T