Brij Kishore Ray @ Braj Kishore Ray @ Brij Kishore Rai @ Braj Kishore Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48085 of 2025 Arising Out of PS. Case No.-24 Year-2024 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Brij Kishore Ray @ Braj Kishore Ray @ Brij Kishore Rai @ Braj Kishore Rai S/o Kamal Roy R/o village- Parambasant (Param Vasant), PS- Tariyani, District- Sheohar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pragas Kumar S/o Late Singeshwar Ray R/o village- Parambasant, P.S.- Tariyani, District- Sheohar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Prasad Singh, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP For the Informant :
Mr. Sheo Kumar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2025 Heard Mr. Sunil Prasad Singh, learned counsel for the petitioner, Mr. Sheo Kumar Prasad, learned counsel for the informant as well as Mr. Abhay Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 21.05.2025 in connection with Tairyani P.S. Case No. 24 of 2024, F.I.R. dated 06.02.2024 for the offences punishable under Sections 406 and 420 of the Indian Penal Code.
3. Earlier the petitioner has been granted anticipatory bail vide order dated 26.10.2024 passed in Cr. Misc. No. 39618 of 2024 on the ground that the petitioner is ready to execute the sale deed of 28 decimal of land in favour of the informant
Patna High Court CR. MISC. No.48085 of 2025(3) dt.18-09-2025 2/3 within a period of 8 weeks but despite the clear direction given by this Court, the petitioner has not executed any sale deed in favour of the informant as mentioned aforesaid. Thereafter, the petitioner has filed modification application bearing Cr. Misc. No. 389 of 2025 but the same was dismissed on 25.04.2025.
4. Learned counsel for the petitioner on instructions submits that now the petitioner is ready to execute the sale deed of 28 decimal of land in favour of the informant within a period of two weeks.
5. Learned counsel for the informant as well as learned Additional Public Prosecutor have no objection if the petitioner is ready to execute the aforesaid sale deed.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on provisional bail for two weeks on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 24 of 2024, subject to the following conditions:- i. If the petitioner executed the aforesaid sale deed in favour of the informant, the provisional bail granted to the petitioner would be confirmed by the learned Court below.
Patna High Court CR. MISC. No.48085 of 2025(3) dt.18-09-2025 3/3 ii. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iv. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The present application stands disposed of. (Rajesh Kumar Verma, J) Vanisha/- U T