Arun Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37494 of 2025 Arising Out of PS. Case No.-1499 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Arun Rai S/o- Late Munib Rai, Resident of Village-Amarpur PS- Barauni District- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rajesh Kumar S/o- Late Maheshwar Prasad Sinha R/o- H.No-36, Road No12, Indrapuri Patna, Permanent Address Village-Garahra PS- Barauni District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rahul Singh, Advocate For the OP No.2 :
Mr.Sandip Kumar Gautam, Advocate For the State :
Mr.Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-07-2025 Heard Mr. Rahul Singh, learned counsel appearing on behalf of the petitioner; Mr. Sandip Kumar Gautam, learned counsel for O.P.N.2 and Mr. Uma Nath Mishra, learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with 1499C/2023, registered for the offences punishable under Sections 423, 420 and 120(B) of the Indian Penal Code.
3. As per the allegation made in the complaint petition, the disputes relates to the execution of the sale-deed by the nephew of the complainant in favour of the daughter of the petitioner.
Patna High Court CR. MISC. No.37494 of 2025(3) dt.16-07-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is nowhere concerned with the execution of the sale deed in favour of daughter of the petitioner, who is married. The dispute is purely civil in nature and the Title Suit No.157 of 1984 has been dismissed for default. Petitioner is innocent and he has no concern with any member of the complainant or his family and he is 'Bataidar', accordingly, the petitioner seeks to be released on pre-arrest bail.
5. Mr. Sandip Kumar Gautam, learned counsel has tendered his appearance on behalf of O.P.No.2 (complainant) and he also admits that the sale-deed has been executed by the nephew of the complainant.
6. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
7. Having considered the rival submissions made on behalf of the parties, as well as, having perused the complainant petition, which primarily relates to the sale-deed executed in favour of the daughter of the petitioner. Petitioner in no manner has concern with the said sale-deed or the land, which has been purchased by his daughter, who is living separately after her marriage. The petitioner has prima facie made out a case to be
Patna High Court CR. MISC. No.37494 of 2025(3) dt.16-07-2025 3/3 released on pre-arrest bail. The petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. Vishal Sinha, JM. 1st Class, Begusarai/concerned court, in connection with Complaint Case No.1499C/2023, subject to conditions as laid down under Section 482(2) of BNSS of 2023
8. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T