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Patna High CourtCR. MISC./45747/2022allowed

Ravi Kumar Singh @ Ravi Kumar v. The State Of Bihar

2022-12-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45747 of 2022 Arising Out of PS. Case No.-661 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Ravi Kumar Singh @ Ravi Kumar Son Of Late Arun Kumar Singh Resident Of Mohalla - Sanhauli, Ward No.- 7, P.S.- Khagaria (Chitragupta Nagar), District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offence punishable under Section 406, 420 of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have registered a deed for one Katha of land for consideration amount of Rs. 3 lakh in favour of informant which was later on found to be Gairmazarua Aam land as a result of which mutation was not done.

Learned counsel appearing for the petitioner submits that the dispute is of civil

Patna High Court CR. MISC. No.45747 of 2022(2) dt.13-12-2022 2/3 nature. It is submitted that for the same piece of land the informant has already filed Money Suit No. 2/2021 before the Sub Judge, Khagaria in which notice has been issued to the petitioner and petitioner has already appeared in the case. It is submitted that petitioner has already executes sale deed in favour of the informant and informant is in possession of the land, therefore, no case u/s 406, 420 of the IPC is made out against this petitioner. It is further submitted that similarly situated several co-accused persons have been granted bail by the co-ordinate Bench of this Court Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, let the petitioner, above named, in the event of his arrest/surrender within a period of four weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupta Nagar) PS case No.

Patna High Court CR. MISC. No.45747 of 2022(2) dt.13-12-2022 3/3 661/2020, subject to conditions laid down u/s 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T