Ram Dayal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55238 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- GAURICHAK District- Patna ====================================================== RAM DAYAL SINGH Son of Ram Das Rai, Resident of Mundichak, Police station- Gaurichak, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Umanath Mishra Mr. Nikhil Kumar Agrawal Aditi Hansaria Ms. Deepika Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-06-2022 The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned counsel for the informant.

The petitioner apprehends his arrest in connection with Gaurichak P.S. Case No. 70 of 2019, G.R. No. 985 of 2019, registered for offence punishable under sections 406, 420, 120(B)/34 of the Indian Penal Code.

As per allegation, the informant was in need of a piece of land, contacted the petitioner and the petitioner expressed his willingness to sell his land mentioned in the FIR. Whereafter,

Patna High Court CR. MISC. No.55238 of 2019(13) dt.21-06-2022 2/3 the petitioned called one Mosmat Marni Devi, who executed sale deed in favour of the informant on 21.09.2010, but later on, the informant came to know that the purchased land was not in the share of Mosmat Marni Devi.

The learned counsel for the petitioner has submitted that when the informant applied for mutation, it was rejected. It has further been alleged that the informant wanted to erect boundary wall, but later on, she was apprised by the petitioner that the disputed land was not belonging to Marni Devi. He has submitted further that the boundary wall on the alleged land has been erected. He has also submitted that on similar footing, coaccused Bhagwat Narayan Singh has been granted bail by the court below itself and the petitioner has no criminal antecedent save and except the cases mentioned in paragraph 3 of this bail petition and as per submission of the learned counsel for the petitioner, these cases have been lodged by the informant of this case.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.55238 of 2019(13) dt.21-06-2022 3/3 learned Additional Chief Judicial Magistrate, Patna City in connection with Gaurichak P.S. Case No. 70 of 2019, G.R. No. 985 of 2019, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T