Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32770 of 2024 Arising Out of PS. Case No.-1425 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Ritesh Kumar, Son of Lalan Prasad R/O Vill.- Lohargawa, P.S.- Kesaria, Dist.- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ripusudan Kumar Son of Late Janardhan Prasad R/o Vill.- Lohargawa, P.S.- Kesaria, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2024 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks regular bail in connection with complaint case no. 1425 of 2021 instituted for the offences punishable under Sections 420, 467, 468/34 of the Indian Penal Code.

3.

As per the allegation made in the Complaint filed by opposite party no. 2, the petitioner executed three sale deeds pertaining to the land mentioned in the complaint in favour of co-accused persons/ purchasers.

4.

Learned counsel for the petitioner submits that petitioner is the adopted son of uncle of the complainant namely

Patna High Court CR. MISC. No.32770 of 2024(2) dt.02-08-2024 2/3 Uma Shankar Prasad. He died issueless and since the petitioner is the only heir, he sold the land belonging to him by way of a sale deed. Learned counsel further submits that a title suit bearing Title Suit No. 249 of 2023 has been filed by the complainant against the petitioner and others, in which, both the complainant and the petitioner are claiming title over the land in question.

5.

On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submits that the land of the opposite party no. 2, which he inherited from his uncle Uma Shankar Prasad, has been sold by the petitioner on the basis of forged documents, which would be evident from the fact that sale deed was executed on a public holiday. 6.

Regard being had to the submissions made by learned counsel for the parties and taking into consideration the nature of allegation and the fact that title suit is pending between the parties, both parties are claiming title over the disputed land and the allegation levelled in the complaint is based upon the documents, I am inclined to grant regular bail to the petitioner.

7.

This application is, accordingly, allowed.

8.

Let petitioner, abovenamed, be released on bail on

Patna High Court CR. MISC. No.32770 of 2024(2) dt.02-08-2024 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st class, Motihari, East Champaran, in connection with Complaint Case No. 1425 of 2021. (Anil Kumar Sinha, J) rinkee/- U T