Parmeshwar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62580 of 2025 Arising Out of PS. Case No.-195 Year-2025 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Parmeshwar Ray S/o Late Sonelal Ray R/o Village - Mukundpur, P.SKarpurigram, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh, Advocate For the State :

Mrs.Renuka Ratnakar, APP For the Informant :

Mr. Dilip Kumar Roy, Advocate Ms. Sonia Narayan Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner, the State and the informant.

2. The petitioner is apprehending arrest in connection with Muffasil P.S. Case No. 195 of 2025 instituted under Sections 115(2), 319(2), 318(4), 335, 336(2), 351(2) of the Bhartiya Nayay Sanhita, 2023 lodged on 08.05.2025 by the informant, Bikram Kumar Rai.

3. As per the complaint, the allegation is that the land which belongs to the complainant, the petitioner entered into an agreement to sell with Ratna Kumari.

4. Learned counsel for the petitioner submits that a perusal of the complaint would show that it is purely a civil dispute to be adjudicated before a competent Civil Court but a

Patna High Court CR. MISC. No.62580 of 2025(2) dt.15-09-2025 2/3 criminal colour has been given.

5. Learned counsel for the informant/complainant opposes the prayer submitting that deliberately the land which belongs to the complainant, the petitioner moved ahead and signed the agreement.

6. Considering the submissions of the parties as also the fact that a perusal of the complaint would show that there is a dispute relating to the land, can be adjudicated before a competent Court, this is anticipatory bail, in the aforesaid background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 195 of 2025 to the satisfaction of learned Sub Judge-V cum Additional Chief Judicial Magistrate-II, Samastipur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official

Patna High Court CR. MISC. No.62580 of 2025(2) dt.15-09-2025 3/3 document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T