Bhusan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50781 of 2023 Arising Out of PS. Case No.-666 Year-2021 Thana- SONEPUR District- Saran ====================================================== Bhusan Rai S/O Jangali Rai R/O Village- Fakrabad, Ps. Sonpur, Dist. Saran ... ... Petitioner/S Versus The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Parashuram Singh, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 467, 468, 471, 420, 120 (B) of the Indian Penal Code.
3. It is alleged that all the F.I.R named accused persons including this petitioner fraudulently prepared agreement for sale of the land of the informant. It is further alleged that he along with other co-accused persons assaulted the informant for not giving Rangdari and also threatened to commit murder of the informant.
4. It is submitted by learned counsel for the petitioner that the present case arises out of civil nature title Suit no. 08/2022 has been filed, which is pending in the Court below. The informant has also filed complaint case no- 1687/2020 which is pending the court of CJM, Chapra in which cognizance
Patna High Court CR. MISC. No.50781 of 2023(2) dt.17-08-2023 2/2 was taken for the offence u/s 323/385 of IPC against which Cr. Rev no. 131/2020 was filed which was rejected by Additional Sessions Judge IX, Chapra. It is further submitted that the allegation of assault and demand of rangdari is super-addition to make the present case grave, as such, no case u/s 467, 468, 471 , 420, 120 (B) IPC is not made out against the petitioner. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned JM 1st class, Saran in connection with Sonpur P.S. case no 666 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T