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Patna High CourtCR. MISC./62233/2024bail granted

Anil Kumar Ram v. The State Of Bihar

2024-09-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62233 of 2024 Arising Out of PS. Case No.-261 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Anil Kumar Ram Son of Bhola Ram R/o Village- Rampur Khajuriya, P.S.- Dumariyaghat, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jay Prakash Singh, Advocate For the State :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 467, 468, 471, 472, 419, 420 and 34 of the Indian Penal Code.

3. As per prosecution case, this petitioner, along with other accused persons named in the F.I.R., fraudulently sold a piece of land which belonged to the uncle of informant, who has been missing since past 57 years.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is only alleged to have identified the purchaser, namely Lal Babu Mishra. Petitioner is not a beneficiary of the alleged land transaction. It is further submitted that from bare perusal of the F.I.R. it is apparent that the dispute involved in the present case relates to sale and purchase of land, which is purely civil in nature. None of the

Patna High Court CR. MISC. No.62233 of 2024(2) dt.27-09-2024 2/2 acts allegedly committed by this petitioner would give rise to any criminal liability. Moreover, co-accused Lal Babu Mishra has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 09.05.2024 passed in Cr. Misc. No. 6797 of 2024. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged 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 C.J.M., East Champaran at Motihari, in connection with Dumariyaghat P.S. Case No. 261 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T