Ashok Prasad Bari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66081 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Ashok Prasad Bari Son Of Kishori Prasad Bari Resident Of Village- Sigdi, Thuthi Bari, Police Station-Ramnagar, District- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ashutosh Shankar Mishra Shankar Mishra Resident of Village - Taulaha, P. S.-Ramnagar, District-West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Adv.
For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-09-2024
1. Heard the parties.
2. Petitioner apprehends his 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)/34 of the Indian Penal Code.
3. Mr. Jay Ram Prasad, learned counsel appearing for the petitioner submits that the petitioner is not said to be purchaser, he is not the owner of the land in question and no any agreement was made with him and the alleged consideration amount was given to the co-accused persons and now a good relation has been restored between the parties and the case has been compromised. As per allegation, the petitioner simply
Patna High Court CR. MISC. No.66081 of 2024(2) dt.13-09-2024 2/3 claimed to have possession over the land in question and cultivating the same, except this, there is no other allegation against him. Learned counsel further submits that the coaccused persons Abhimanyu Singh and others have been granted anticipatory bail by this Court vide order dated 11.10.2023 passed in Cr. Misc. No. 60068 of 2023 and petitioner's case stands on better footing from them.
4. Mr. Gauri Shankar Gupta, learned APP for the state has opposed the prayer of bail.
5. Considering the facts and circumstance of the case and the above submissions and mainly the facts that the petitioner's case stands on better footing from the co-accused persons who are on bail and further, both the parties have compromised as per statement made in paragraph no.14 of the petition and the petitioner has fair and clean antecedent, in my opinion, the petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his 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 bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.66081 of 2024(2) dt.13-09-2024 3/3 concerned Court, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) Amandeep/- U T