Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42175 of 2023 Arising Out of PS. Case No.-390 Year-2019 Thana- NAGAR District- Vaishali ====================================================== RAVINDRA KUMAR S/o Harihar Rai Resident of village-Dighi Kala West, P.S.-Sadar Hajipur, District-Vaishali. ... ... Petitioner.

Versus

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

For the Petitioner :

Mr. Ram Shankar Prasad, Advocate For the State :

Mr. Binod Kumar, APP For the Informant : Ms. Smiti Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. Learned counsel for the petitioner has filed a supplementary affidavit and learned counsel for the informant has filed a counter affidavit in Court.

3. Let both these affidavits be kept on record.

4. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 467, 468 and 120B/34 of the Indian Penal Code.

5. All the F.I.R. named accused persons including this petitioner is said to have conspired to grab the land of the informant on a fake power of attorney and genealogy and sold some portion of the land of the informant.

6. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.42175 of 2023(4) dt.18-12-2023 2/3 falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the informant is claiming as sole son of Madan Lal Raut but the fact is that Laxman Raut is also son of Madan Lal Raut. It is further submitted that Laxman Lal Raut is also a son of Madan Lal Raut, who at the relevant time was residing at Siliguri and was in urgnet need of money and as such he exeucted a power of attorney in favour of the petitioner to sell the land mentioned in the F.I.R. and, accordingly, the land was sold on the basis of the power of attorney and genealogy. It is lastly submitted that moreover the dispute between the parties is civil in nature. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

7. Learned APP for the State assisted by learned counsel for the informant vehemently opposed the prayer for bail.

8. Having regard to the facts and circumstances of the case as well as the fact that the dispute inter se is civil in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of

Patna High Court CR. MISC. No.42175 of 2023(4) dt.18-12-2023 3/3 the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hajipur Town P.S. Case No. 390 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T