Ram Sewak Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39638 of 2024 Arising Out of PS. Case No.-284 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Ram Sewak Ray SON OF MAHENDRA RAY R/O- Subhankarpur, P.S.- Town, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anupam Prabhat Shrivastava, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP For the Informant :

Mr. Kedar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2024

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with Nagar P.S. Case no.284 of 2023 registered under sections 467, 468, 471, 420, 406, 120B and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that she purchased the land in question from one Ramesh Paswan. It subsequently transpired that the land in question belonged to one Buchru Paswan and not Ramesh Paswan. With respect to the petitioner, it is submitted that the petitioner cheated the informant of Rs. 1 lakh which he had taken for construction of a boundary wall but did not construct.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Accepting the

Patna High Court CR. MISC. No.39638 of 2024(2) dt.03-06-2024 2/2 allegations in the FIR, the dispute if any between the parties is purely civil in nature. In fact the petitioner has constructed much more than what was agreed upon between the parties. The petitioner is in custody since 6.2.2024 and has no criminal antecedent. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, his having remained in custody since 6.2.2024, not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Nagar P.S. Case no.284 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Darbhanga.

(Partha Sarthy, J) Shiv/- U T