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Patna High CourtCR. MISC./60068/2023bail granted

Abhimanyu Singh v. The State Of Bihar

2023-10-11Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60068 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Abhimanyu Singh Son Of Rajeshwar Singh Village- Sigari Bahuari, PsRamnagar, Dist- West Champaran (Bettiah) 2.

Rajeshwar Singh Son Of Late Brija Singh Village- Sigari Bahuari, PsRamnagar, Dist- West Champaran (Bettiah) 3.

Seema Devi Wife Of Madhav Singh Vilage- Diuliya, Ps- Ramnagar, DistWest Champaran (Bettiah). At Present Resident Of Village- Chandraul, PsNawalpur, Dist- West Champaran 4.

Poonam Devi Wife Of Munni Singh @ Muni Singh Village- Diuliya, Babhni, Ps- Ramnagar, Dist- West Champaran (Bettiah) 5.

Rani Devi Wife Of Sanjay Singh Village- Diuliya, Ps- Ramnagar, Dist- West Champaran. At Present Resident Of Village- Manjhariya, Ps- Gaunaha, DistWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-10-2023 1.

Heard learned counsel for the petitioners and learned APP for the State.

2.

The Petitioners apprehend their arrest in connection with Ramnagar P.S. Case No. 136 of 2023 dated 01.04.2023, registered for the offences punishable under Sections 406, 419, 420, 467, 468, 120(B) read with Section 34 of Indian Penal Code.

3.

At the outset, it is submitted by learned counsel for the petitioners that permission is required to file hard copy of

Patna High Court CR. MISC. No.60068 of 2023(2) dt.11-10-2023 2/3 the supplementary affidavit of which soft copy has already been filed.

4.

Permission, as sought, is accorded. Let the supplementary affidavit's hard copy be kept on record. 5.

The main submissions advanced by learned counsel for petitioners are that the alleged offences are not made out against the petitioners and the instant matter relates to the sale of a land and in the alleged transaction, the petitioner nos. 1 and 2, simply negotiated while the petitioner nos. 3, 4 and 5 executed the alleged sale deed and the dispute raised by the informant is of civil nature. However, a good sense has prevailed in between them and they have compromised the instant matter and in this regard, a supplementary affidavit along with compromise petition has been filed before this Court. Further submission is that the alleged sale deed was executed in the year 2018 and the main grievance of the informant was that the purchased land was not mutated in his name but now the dispute in between both the parties has been resolved.

6.

Learned APP for the State opposes the bail prayer of the petitioner.

7.

Considering the above submissions and mainly the nature of allegation and also a good relation having established in

Patna High Court CR. MISC. No.60068 of 2023(2) dt.11-10-2023 3/3 between both the parties, in my opinion, petitioners deserve the privilege of anticipatory bail. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail in connection with Ramnagar P.S. Case No. 136 of 2023 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Shahnawaz/- U T