Ramu Chaudhary @ Ramu Chaudhury v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51493 of 2024 Arising Out of PS. Case No.-1009 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Ramu Chaudhary @ Ramu Chaudhury Son Of Rajendra Chaudhary Resident Of Village - Barathpur, P.O.- Kachchidargah, P.S.- Didarganj, District - Patna.

2.

Sonu Kumar Son Of Ramu Chaudhary @ Ramu Chaudhury Resident Of Village - Barathpur, P.O.- Kachchidargah, P.S.- Didarganj, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pappu Sharma Son of Rajendra Sharma Resident of Mohalla - Diwan Hamam Bara, P.S.- Khachekalla, P.O.- Jhauganj Patna City, District - Patna, Pin Code - 800008.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner, complainant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 406, 420,323, 34 of the Indian Penal Code.

3. Petitioner is said to have shown a land to the complainant for which an advance of Rs. 1,50,000/- was given. Thereafter, 50,000/- was also given but the said land was registered in the name of other persons for which this complaint has been filed.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that no offence under Sections 406, 420,

Patna High Court CR. MISC. No.51493 of 2024(3) dt.21-09-2024 2/2 323, 34 of the IPC is made out against the petitioners. He submits that this matter is purely civil in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and complainant opposing the prayer for bail submit that the land in question was registered in the name of the complainant but petitioners already sold the said land to another person eight years ago.

6. Considering the facts and circumstances of the case and the fact that the dispute is purely civil in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1009 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T