Ram Naresh Rai @ Naresh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73073 of 2023 Arising Out of PS. Case No.-618 Year-2022 Thana- GOPALPUR District- Patna ====================================================== RAM NARESH RAI @ NARESH RAY S/O LATE RAMANAND RAI R/O VILLAGE- MOHANPUR KACCHUARA, P.S- GOPALPUR, DISTT.- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Shambhu Narayan Singh, Advocate For the State :

Mr. Zainul Abedin, APP For the Informant :

Mr. Harish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 406, 420, 504, 506 and 120B of the Indian Penal Code.

3. As per prosecution case, it is alleged that even after receiving part consideration money pursuant to the agreement, this petitioner refused to transfer the plot in question in favour of the informant.

4. It is submitted by learned counsel appearing on behalf of the petitioner that from bare perusal of the F.I.R. itself it is apparent that the dispute between the parties is with respect to sale and purchase of land, for which the informant has got alternative remedies. It is further submitted that none of the acts allegedly committed by this petitioner gave rise to any criminal liability. There is no accusation of any overt act against this

Patna High Court CR. MISC. No.73073 of 2023(5) dt.11-07-2024 2/2 petitioner.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances and nature of dispute between the parties, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six 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 J.M. 1st Class, Patna, in connection with Gopalpur P.S. Case No. 618 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T