Patna High CourtCR. MISC./58519/2023bail granted

Ayodhya Prasad v. The State Of Bihar

2024-02-27Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58519 of 2023 Arising Out of PS. Case No.-622 Year-2021 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== AYODHYA PRASAD SON OF LATE SARYU PRASAD RESIDENT OF VILLAGE - KASAMTI, P.S. - AMBA, DISTRICT - AURANGABAD. AT PRESENT RESIDENT OF MADANPUR, BEHIND PARAMGYAN AYAN SCHOOL, P.S - VISHNUPAT, DISTRICT - GAYA ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. Dr. Dhrub Narayan Sinha ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karuna Nath Sahay Ms. Rashmi Sandhwar For the State :

Mr.Anant Kumar 1 For the O. P. No. 2 :

Mr. Pankaj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2024

1. Heard learned Counsel for the petitioner, learned Counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Aurangabad Town Police Station Case No. 622 of 2021, dated 21.12.2021, disclosing offences punishable under Sections 379/384/406/420/504/506 of the Indian Penal Code.

3. The informant-Opposite Party No. 2 and the petitioner are full brothers. The complaint has been filed by Opposite Party No. 2 arising out of agreement for sale of 68

Patna High Court CR. MISC. No.58519 of 2023(5) dt.27-02-2024 2/3 decimals of land.

4. Learned Counsel for the petitioner submits that both the parties, being full brothers, have amicably settled their dispute outside the Court and have filed a joint compromise petition before learned Chief Judicial Magistrate, Aurangabad on 17.01.2024.

5. Learned Counsel for the Opposite Party No. 2 does not dispute the submission made on behalf of the petitioner.

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are full brothers, they have amicably settled their dispute and the complaint arises out of land dispute, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Town Police Station Case No. 622 of

Patna High Court CR. MISC. No.58519 of 2023(5) dt.27-02-2024 3/3 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √