Patna High CourtCR. MISC./47025/2023dismissed

Dinesh Rai v. The State Of Bihar

2023-10-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47025 of 2023 Arising Out of PS. Case No.-160 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Dinesh Rai Son Of Late Nand Lal Rai Resident Of Village- Tal Dashraha, Ps- Samastipur Muffasil, Distt- Samastipur 2.

Ramanand Rai Son Of Late Mohan Rai Resident Of Village- Tal Dashraha, Ps- Samastipur Muffasil, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard learned counsel for the petitioners, informant 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, 467, 468, 471, 506, 120B/34 of the Indian Penal Code.

3. Petitioners are said to have committed cheating with the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the instant case is of civil nature, hence, no offence is made out against the petitioners. He submits that the petitioners have committed no wrong with the informant because as per agreement sale deed has been executed

Patna High Court CR. MISC. No.47025 of 2023(4) dt.12-10-2023 2/2 in accordance with old khatiyan and possession of the land has already been given to the informant. 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 learned counsel for the informant opposing the prayer for bail submit that the petitioners have committed cheating with the informant.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Samastipur Muffasil P.S. Case No. 160 of 2023.

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