Ram Subhak Das @ Ram Subhag Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48363 of 2017 Arising Out of PS.Case No. -302 Year- 2012 Thana -ROSERA District- SAMASTIPUR ====================================================== Ram Subhak Das @ Ram Subhag Das, Son of Sukhdeo Das, MauzaManjhaul, P.S.- Khodawandpur, District- Begusarai, Present resident of Village Narhan Bishanpur, Tola Mahto Nav Tola, P.S.- Bibhutipur, DistrictSamastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mritunjay Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with Rosera P. S. Case No.302 of 2012 registered under Sections 193, 419, 420, 467, 468 and 471 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that a purely civil dispute has been given colour of a criminal case by instituting a false complaint, which was referred to the police for investigation under Section 156(3) of the Code of Criminal Procedure pursuant to which an FIR has been instituted under aforesated Sections of the Indian Penal

Patna High Court Cr.Misc. No.48363 of 2017 (2) dt.17-10-2017 2/2 Code. He submitted that none of the ingredients of the offences are attracted to the facts of the present case, as the petitioner has executed a sale deed in respect of the land belonging to him. Learned Additional Public Prosecutor for the State has opposed the application for grant of pre-arrest bail to the petitioner. He submitted that the complainant has alleged that the land in dispute belongs to him not to the petitioner. Regard being had to the nature of the dispute, the petitioner named above is directed to be released 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 Additional Chief Judicial Magistrate, Rosera, Samastipur in Rosera P. S. Case No.302 of 2012, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T