Umesh Rai @ Umesh Ray @ Nago Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42527 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Umesh Rai @ Umesh Ray @ Nago Rai SON OF LATE MOHNELAL RAY RESIDENT OF VILLAGE- JITWARPUR MAGARDAHI, P.S.- SAMASTIPUR MUFFASIL, DISTRICT- SAMASTIPUR 2.

PRAMOD RAY @ PRAMOD RAI @ PRAMOD KUMAR SON OF LATE RAMBALAK RAY RESIDENT OF VILLAGE- JITWARPUR NIJAMAT, P.S.- SAMASTIPUR MUFFASIL, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP For the informant :

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

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420, 323 and 504 of the Indian Penal Code .

3 . As per the prosecution case , allegation against these petitioners is that they failed to execute the sale deed in

Patna High Court CR. MISC. No.42527 of 2024(4) dt.23-09-2024 2/3 respect of property for which consideration money was paid to them by informant.

4. It is submitted by learned counsel appearing on behalf of the petitioners that present case has been filed by informant only with a view to save his sin from complaint Case No. 440/2019 which was lodged by petitioner No. 1 against informant and others. From bare perusal of the F.I.R., it is apparent that dispute involved in the present case is with regard to sale and purchase of land, which is purely civil in nature. None of the acts allegedly committed by these petitioners would give rise to any criminal liability . Petitioners claim clean antecedents.

5 . Learned counsel for the State as well as informant opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, 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 the learned ACJM - II Samastipur in connection with Muffasil P.S. case No. 102 of 2024 , subject to the conditions laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.42527 of 2024(4) dt.23-09-2024 3/3 Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T