Achal Kumar Rana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47718 of 2023 Arising Out of PS. Case No.-80 Year-2017 Thana- GANDHIMAIDAN District- Patna ====================================================== Achal Kumar Rana Son Of Late Ramdeo Rana Resident Of Flat No. 403, Kadambini Campus, Sheikhpura, Near Aranya Bhawan, P.S. - Hawai Adda, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravashankar Mishra, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Gandhi Maidan P.S. Case No. 80 of 2017, registered for the offences punishable under Sections 420, 467, 468, 471, 120B & 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedents of 7 cases but in four cases, petitioner has been acquitted and one complaint case has been quashed. As such, as of date, only two cases are pending against the petitioner as has been mentioned at Serial - VI & VII, Para - 3 of the anticipatory bail application. It is next submitted that petitioner being Circle Inspector, has been falsely implicated in
Patna High Court CR. MISC. No.47718 of 2023(4) dt.22-02-2024 2/3 the present case by the informant based on suspicion. It is next submitted that in sum and substance, the allegation as alleged in the complaint case is that the complainant got a house constructed over a piece of land and gave the same on rent to one Manoj Kumar, however, the said Manoj Kumar subsequently stopped paying the rent to the complainant and when son of the complainant inquired about the actual state of affairs, it came to his notice that Manoj Kumar in collusion with the accused persons including the petitioner, who happens to be a Circle Inspector got jamabandi created in his favour with regard to the rented premises. The learned counsel next submits that jamabandi is created based on document which is produced before the officials.
It is further submitted that jamabandi was opened by the Circle Officer based on report of the Halka Karamchari and the petitioner, which was based on the document produced by Manoj Kumar. It is next submitted that similarly situated co-accused Anil Kumar Lal (Halka Karamchari) was granted the privilege of anticipatory bail by an order dated 06.12.2023 in Cr. Misc. No. 61117 of 2023 and Krishna Kumar Singh @ Krishana Kumar Singh (Circle Officer) was also granted the privilege of anticipatory bail by an order dated 19.08.2023 in Cr. Misc. No.
Patna High Court CR. MISC. No.47718 of 2023(4) dt.22-02-2024 3/3 different learned co-ordinate benches of this Court.
4. Learned APP opposes the anticipatory bail application of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - XIV, Patna, where the case is pending/successor court in connection with Gandhi Maidan P.S. Case No. 80 of 2017 subject to the conditions as laid down under Section 438
(2) of the Cr.P.C.
(Satyavrat Verma, J) aditi/- U T