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Patna High CourtCR. MISC./59945/2024bail granted

Ravindra Sharma v. The State Of Bihar

2024-10-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59945 of 2024 Arising Out of PS. Case No.-38 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Ravindra Sharma SON OF LATE VANSHI SHARMA @ BANSHI SHARMA VILLAGE- NAVGAWAN, PS- RAM NAGAR, DIST- WEST CHAMPARAN 2.

BALIRAM YADAV @ BALRAM YADAV SON OF NARSINGH YADAV VILLAGE-DHOKARAHA POKHARA TOLA, PS- RAMNAGAR, DISTWEST CHAMPARAN 3.

SANJAY SAHANI SON OF LATE NAGTHUNI SAHANI VILLAGEDHOKARAHA POKHARA TOLA, PS- RAMNAGAR, DIST- WEST CHAMPARAN 4.

DAMODAR PATEL @ DAMODAR CHAUDHARY SON OF LATE DRUV PAGTEL @ VINDHYACHAL PATEL VILLAGE-DHOKARAHA POKHARA TOLA, PS- RAMNAGAR, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Milind Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Ram Nagar P.S. Case No. 38 of 2023 dated 01.02.2023 registered for the offences punishable u/ss 341, 323, 385, 419, 420, 504 and 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the

Patna High Court CR. MISC. No.59945 of 2024(2) dt.04-10-2024 2/3 co-accused persons are alleged to have prepared false deed of Khesta Bainama with stamp issued with intention to grab the land of the informant and the co-accused, Buchi Devi demanded Rs. 3,00,000/- as extortion and threatened the informant that if he wanted to possess the land, he would have to pay Rs. 3,00,000/- as extortion. It is further alleged that the co-accused, Buchi Devi has previously executed a number of forged sale deed. Further, on 22.01.2023, when the informant went to his field all the accused persons surrounded and started abusing him and threatened to kill.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case due to land dispute. Learned counsel has further submitted that the Khata, Kheshra of the said land is not mentioned in the FIR. Learned counsel has further submitted that the said land is Gairmajarua land. The petitioner no.1 has one criminal antecedent and petitioner nos. 2 and 3 have no criminal antecedent and petitioner no. 4 has one criminal antecedent as stated at para 3 of the bail petition. The co-accused persons have already been granted anticipatory bail by this Court vide order dated 01.11.2023 passed in Cr. Misc. No. 59747 of 2023.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.59945 of 2024(2) dt.04-10-2024 3/3 opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Bagaha, West Champaran in connection with Ram Nagar P.S. Case No. 38 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

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