Shambhu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71605 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== SHAMBHU RAI, SON OF LATE RAM LAGAN RAI, VILLAGEJAFARPUR, PS-PAROO , DIST-MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok Mr. Ranjit Kumar Thakur For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-03-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Paroo P.S. Case No. 102 of 2023 dated 25.02.2023 registered under Sections 420, 467 / 34 of the I.P.C.
3. As per the First Information Report 02 decimal of land belonging to the informant has been sold by the petitioner.
4. Learned counsel for the petitioner submits that the allegation against the petitioner is absolutely wrong inasmuch as altogether 21 decimal of land was transferred in favour of the petitioner by its owner Ganga Devi out of which 04 decimal of land was sold by the petitioner in favour of Shivjee Mahto and
Patna High Court CR. MISC. No.71605 of 2023(4) dt.21-03-2024 2/3 10 decimal of land in favour of the informant. 02 decimal of land out of remaining 07 decimal has been sold by the petitioner in favour of Ranju Devi which the informant is wrongly claiming as his land.
5. On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that 07 decimal of land as claimed by the petitioner has been given by way of agreement by its owner Ganga Devi and the petitioner instead selling it from 07 decimal of land has sold the land of the informant to the extent of 02 decimals.
6. In reply, learned counsel for the petitioner submits that informant is in possession of his entire 10 decimal of land.
7. Regard being had to the submission made by the parties and taking into consideration the nature of allegation which is in nature of civil dispute, as such, I am inclined to grant anticipatory bail to the petitioner.
8. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate -Ist Class, Muzaffarpur (West) in connection
Patna High Court CR. MISC. No.71605 of 2023(4) dt.21-03-2024 3/3 with Paroo P.S. Case No. 102 / 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T