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Patna High CourtCR. MISC./41886/2025bail granted

Sanni Kumar @ Arpit Raj v. The State Of Bihar

2025-07-24Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41886 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- LODIPUR District- Bhagalpur ====================================================== Sanni Kumar @ Arpit Raj S/O Manoj Kumar Ray R/O Mohalla- Tilkamanjhi Surya Mohan Thakur Path, in front of Vetnary Hospital, Tilkamanjhi, P.S. Tilkamanjhi, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Lodipur P.S. Case No. 56 of 2025 dated 16.03.2025, registered for the offences punishable under Sections 191(2), 190, 115(2), 126(2), 303(2), 74, 308(2), 119(1), 352, 351(2), 329(3) and 324(4) of the B.N.S., 2023.

3. As per prosecution case, the petitioner and other coaccused persons removed the boundary wall of the land of the informant which they have purchased in the year 2013 and also took away the building material kept on the land.

4. Learned counsel for the petitioners submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is the owner of the said land on which informant

Patna High Court CR. MISC. No.41886 of 2025(2) dt.24-07-2025 2/3 has started construction. The petitioner purchased the land in the year 2005 and if the informant is aggrieved, she could file Civil Suit with regard to her title. The informant started making construction over the suit land, though the land has been in possession of the petitioner since its purchase in the year 2005. Learned counsel further submits that the informant did not know petitioner and from the FIR, it is apparent that she made enquiry of her own and thereafter, named the petitioner and other coaccused persons in this case. The dispute appears to be Civil in nature, but a Criminal case has been lodged by the informant. Petitioner claims antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful and vague nature of allegation against the petitioner and considering predominantly Civil nature of the proceeding and further considering possibility of false implication and also taking into consideration the fact that similarly situated coaccused persons have already been granted bail by this Court vide order dated 22.05.2025 passed in Cr. Misc. No. 33939 of 2025, let the petitioner above-named, in the event of his arrest

Patna High Court CR. MISC. No.41886 of 2025(2) dt.24-07-2025 3/3 or surrender before the Court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Bhagalpur, in connection with Lodipur P.S. Case No. 56 of 2025.

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