Kavindra Ray @ Kavindr Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51204 of 2022 Arising Out of PS. Case No.-801 Year-2020 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== KAVINDRA RAY @ KAVINDR RAY S/o Late Arjun Ray R/o VillageKalaunjar, P.S.- Chakmehsi, District- Samstipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandrmani Thakur S/o Late Sukhan Prasad R/o Village- Kalaunjar, P.S.- Chakmehsi, District- Samstipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 323, 341, 420, 471, 504 and 506 of the Indian Penal Code.

As per the prosecution case, the co-accused sold the land of the complainant to the petitioner fraudulently using a

Patna High Court CR. MISC. No.51204 of 2022(2) dt.21-12-2022 2/3 forged sale deed. When the complainant objected, the petitioner and the co-accused agreed to cancel the said deed but when the complainant went to the petitioner to ask about it, the petitioner started assaulting and abusing and also tried to strangulate the complainant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is civil dispute between the complainant father and the co-accused son vide title suit no. 233/2021 in which the petitioner is the respondent no. 3. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in two other criminal cases as stated at para 5 and 7 of the supplementary affidavit. The petitioner is in custody since 01.06.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Samastipur

Patna High Court CR. MISC. No.51204 of 2022(2) dt.21-12-2022 3/3 Complaint Case No. 801 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T