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Patna High CourtCR. MISC./48145/2024bail granted

Ranjan Rishav v. The State Of Bihar

2024-09-23Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48145 of 2024 Arising Out of PS. Case No.-593 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== 1.

Ranjan Rishav Son of Late Uday Shankar Tiwari R/o MohallaLeatherworld, Pillar no. 69, Bailey Road, Patna, P.S.- Shastri Nagar, District- Patna 2.

Rohit Rishav Son of Late Uday Shankar Tiwari R/o Mohalla- Leatherworld, Pillar no. 69, Bailey Road, Patna, P.S.- Shastri Nagar, District- Patna 3.

Harsh Tiwari S/O Deepak Tiwari R/o Mohalla- Leatherworld, Pillar no. 69, Bailey Road, Patna, P.S.- Shastri Nagar, District- Patna 4.

Satyendra Mishra S/O Janakdev Mishra R/o Mohalla- Leatherworld, Pillar no. 69, Bailey Road, Patna, P.S.- Shastri Nagar, District- Patna 5.

Rajeev Kumar @ Rajeev Ranjan S/O Bideshwar Prasad Sinha R/o MohallaLeatherworld, Pillar no. 69, Bailey Road, Patna, P.S.- Shastri Nagar, District- Patna 6.

Manish Kumar S/O Ram Chandra Prasad R/o Mohalla- Leatherworld, Pillar no. 69, Bailey Road, Patna, P.S.- Shastri Nagar, District- Patna 7.

Vickky Kumar S/O Chhote Prasad R/o Mohalla- Leatherworld, Pillar no. 69, Bailey Road, Patna, P.S.- Shastri Nagar, District- Patna, P.S.- Shastri Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

Fort he Informant ;

Mr. Rajesh Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioners, informant and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 406, 420, 465, 468, 471, 504, 506, 120B/34 of the Indian Penal Code.

3. Prosecution case, in brief, is that father of

Patna High Court CR. MISC. No.48145 of 2024(3) dt.23-09-2024 2/3 informant, namely, Late Kapil Dev Awasthi got registered a lease agreement dated 05.12.2012 with Director of JMD Chain Stores Ltd., namely Uday Shankar Tiwari for nine years which was valid till 30.06.2020. Later on, name the aforesaid company was changed to Leather World India Ltd. and thereafter, they stopped paying rent since December 2018. Later on, informant came to know that petitioner Nos. 1 and 2, sons of Uday Shankar Tiwari, became Directors of the company in question and gave false assurance to the father of informant for payment of rent. After death of his father, informant requested them pay the due amount and vacate the commercial house. In the meanwhile, informant came to know that petitioner No. 3 has given advertisement on the internet sites for rent of the commercial house in question. It is further alleged that these petitioners produced a forged agreement in Shashtri Nagar police station in which rent of Rs. 3300 sq. feet is shown upto 2019 with a view to grab the property of informant.

4. Learned counsel for the petitioners submits that petitioner Nos. 1 & 2 are tenants of informant, petitioner No. 3 is relative and petitioner Nos. 4 to 7 are workers of petitioner Nos. 1 & 2. There is admitted landlord-tenant dispute between parties and only to get the land vacated from these petitioners,

Patna High Court CR. MISC. No.48145 of 2024(3) dt.23-09-2024 3/3 this false and concocted case has been lodged. Informant has already filed eviction suit for the said premises vide Title Eviction Suit Case No. 63 of 2023 on 16.09.2023 which is pending before learned Sub-Judge 1st, Patna.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

6. Considering the nature of dispute and accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Judge-IX-cumACJM-IX, Patna in connection with Shastri Nagar P. S. Case No. 593 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T