Manoj Rai @ Gandhi @ Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21724 of 2019 Arising Out of PS. Case No.-653 Year-2017 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== MANOJ RAI @ GANDHI @ MANOJ KUMAR YADAV (Male), aged about 45 years, Son of Kedar Rai Resident of Village- Khabsi, P.S.- Baniapur, District- Saran.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR Bihar 2.

Kedar Rai (Male) aged about 70 years, Son of Late Ramanand Rai Resident of Village- Khabsi, P.S.- Baniapur, District- Saran. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party :

Mr.Binod Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 29.01.2019 in connection with Complaint Case No. 653 of 2017 for the offence alleged under Sections 467, 468, 420 & 120(B) of the Indian Penal Code.

The complaint as alleged by one Kedar Rai is that the petitioner son of the informant, sold the portion of land of the informant's share which he received after partition amongst his brothers to accused no.2 Chandarma Rai by two forged sale deeds. Altogether the complainant has three sons and six daughters.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.21724 of 2019(2) dt.09-04-2019 2/2 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He further submits that the matter relates to purely civil dispute and being son of the complainant he has been falsely implicated at the instigation of villagers who are on inimical terms with the petitioner. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances, period of custody as well as the submission that the petitioner does not bear any criminal history as stated in paragraph 3 of the present bail application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 653 of 2017 to the satisfaction of the learned Additional Chief Judicial Magistrate 11th, Saran at Chapra.

(Nilu Agrawal, J) Shashi U T