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Patna High CourtCR. MISC./69628/2022allowed

Jay Kumar Ray v. The State Of Bihar

2023-01-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69628 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- GARKHA District- Saran ====================================================== JAY KUMAR RAY S/o Laldas Ray R/o Garkha, P.S.- Garkha, Distt- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP For the Informant :

Mr. Shrekant Sharan Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 419, 420, 468, 120(B) and 34 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that he along with other co-accused person sold the share of land of the informant to the Damodar Pandey.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is admitted land dispute between the parties and the offence is of civil nature. He further submits that petitioner has got three criminal antecedents as

Patna High Court CR. MISC. No.69628 of 2022(2) dt.24-01-2023 2/2 stated in para-3 of the bail application.

Learned APP for the State as well as learned counsel for the informant opposes for prayer for bail. Considering the arguments of the parties and the fact that there is a civil dispute between the parties, 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, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Garkha P.S. Case No.88/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T