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Patna High CourtCR. MISC./52486/2024bail granted

Shatrughan Rai v. The State Of Bihar

2024-08-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52486 of 2024 Arising Out of PS. Case No.-861 Year-2022 Thana- MANER District- Patna ====================================================== 1.

Shatrughan Rai S/o Bharat Rai R/O village Sherpur, P.S Maner, District Patna 2.

Shyam Nath Rai S/o Sakal Deep Rai R/O village Sherpur, P.S Maner, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoranjan Kumar For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing on behalf of informant.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 406, 420, 427, 504, 506, 120(B) of the Indian Penal Code.

3. As per prosecution case, the F.I.R. named accused persons including these petitioners fraudulently sold 4 katha land of the informant to co-accused Satyendra Prasad and Ranjay Kumar.

4. Learned counsel for the petitioners submits that dispute involved in the present petition is with regard to sale and

Patna High Court CR. MISC. No.52486 of 2024(2) dt.21-08-2024 2/2 purchase of property/land, which is purely of civil nature. Present case has been filed only with a view to settle civil dispute and claim. Learned counsel further submits that criminal hue has been lent to civil natured issue only to put pressure on these petitioners. Petitioners have got clean antecedent.

5. Learned counsel for the informant and State vehemently opposed the prayer for anticipatory bail.

6. Considering the fact that dispute is purely of civil nature and petitioners have got clean antecedent, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Danapur (Patna) in connection with Maner P.S. Case No. 861 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T