Ranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42267 of 2023 Arising Out of PS. Case No.-1194 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Ranjan Kumar Singh, Son of Ramesh Chandra Singh, Village- Jeyoti Bihar PS- Barari Dist- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandrasekhar Prasad Singh, Son of Late Radhakant Singh, VillageMorekhurd (Udhadih) PS- Sultanganj Dist- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 02-08-2023 Heard Mr. Rajive Ranjan Singh, learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 1194 of 2021 wherein cognizance has been taken for the offence punishable under Section 420 of the Indian Penal Code.

3. Allegedly all the accused persons, including the petitioner, by hatching a conspiracy sold the land of the complainant to one Bablu Yadav by putting his forged signature.

4. Learned counsel appearing on behalf of the petitioner submits that prima facie from the allegation levelled in the complaint case, the entire matter appears to be per-

Patna High Court CR. MISC. No.42267 of 2023(2) dt.02-08-2023 2/3 dominantly civil in nature. That apart, a Title Partition Suit with respect to the same land, in question, between the parties, is pending before the Sub-Judge, Bhagalpur, bearing Title Partition Suit No. 155 of 2021. He next submits that the present case is nothing, but has been filed in order to pressurize the petitioner and his family members, inasmuch as the Title Partition Suit was filed on 23.03.2021, whereafter the present complaint has been filed on 24.08.2021. Moreover, the petitioner is a man of fair antecedent.

5. On the other hand, learned APP for the State opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the fact that the Title Partition Suit is pending between the parties with respect to the land, in question, coupled with the fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Complaint Case No. 1194 of 2021, subject to

Patna High Court CR. MISC. No.42267 of 2023(2) dt.02-08-2023 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioner.

(Harish Kumar, J) uday/- U T