Krishna Lal Rai @ Krishnlal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23594 of 2025 Arising Out of PS. Case No.-999 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Krishna Lal Rai @ Krishnlal Rai S/O Daroga Rai R/O Village- Mathiya Dih, P.S- Chhatauni, Distt.- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prasidh Patel S/O Late Rameshwar Patel R/O Village- Pipra Kothi Barkurwa, P.S- Pipra Kothi, Distt.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP For the complainant :

Mr. Ajay Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-07-2025 Heard Mr. Karandeep Kumar, learned counsel for the petitioner and Mr. Ajay Kumar Singh for the complainant as also learned APP.

2. The petitioner apprehends his arrest in connection with Complaint Case No. C-999 of 2023 for the offence registered under sections 406 and 420/34 of the IPC.

3. As per the prosecution story, the complainant alleged that the matter relates to a land situated at near NH-28 and the allegation is that this petitioner purchased the land of the complainant from another accused, Akhilesh Chaudhary in the presence of Ashok Chaudhary and Sanjay Kumar. This led to the complaint.

4. Learned counsel for the petitioner submits that he is

Patna High Court CR. MISC. No.23594 of 2025(3) dt.23-07-2025 2/3 a purchaser, a land was offered to him, having found it suitable, on a consideration amount, the sale deed was executed. He has no role to play in the family dispute between the parties and in any case, it was informed to him by the seller that it is his acquired property.

5. On the last occasion, the Co-ordinate Bench had issued notice and the complainant is present and though he supports the prosecution story, accept that the petitioner is a purchaser.

6. Taking into account the submissions of the parties as also the fact that the role, if any, has to be assigned to the seller, the petitioner is a bona fide purchaser, one of the submission is that the seller has self acquired the property, in that background, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Complaint Case No. C-999 of 2023 subject to condition as laid

Patna High Court CR. MISC. No.23594 of 2025(3) dt.23-07-2025 3/3 down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T