Tunni Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43121 of 2024 Arising Out of PS. Case No.-203 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Tunni Chauhan S/O Late Ram Prasad Chauhan @ Ram Prasad Chauhan R/O Vill-Gopal Tola, Arai, P. S.-Shahjahanpur, Dist-Patna. At Present R/O VillKhabba Ka Akhara, Loha Ka Pul, P. S.-Malsalami, Dist-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kedar Chauhan s/o Late Ram Prasad Chauhan R/o vill -- Gopal Tola, Arai, P.S. - Shahjahandpur, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 203 of 2023 registered for the offences punishable under Sections 323, 341, 406, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the complainant and the petitioner entered into an agreement for sale with Maheshwar Prasad to sell the land and for the said land from whom Rs. 14 lacs were taken but the petitioner without informing the complainant, conveyed the land by way of registry.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43121 of 2024(3) dt.19-07-2024 2/2 petitioner is innocent and has falsely been implicated in this case. He has sold the land which is under his own share. There is land dispute between the petitioner and the complainant. The petitioner is own brother of the complainant. The petitioner has no criminal antecedent and he undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 J.M. 1st Class, Patna City in connection with Complaint Case No. 203 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) lata/- U T