Rajeshwar Rai @ Rajeshwar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74607 of 2024 Arising Out of PS. Case No.-862 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Rajeshwar Rai @ Rajeshwar Ray Son of Late Ram Sakal Rai @ Ram Sakal Ray R/O Vill.- Parmanandpur, P.S.- Sonpur Dist.- Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Satyendra Tiwari Son of Ram Adhar Tiwari R/O Vill.- Ranaiya Tola, P.S.- Chapra, Saran, Patna.

3.

Satyendra Tiwari S/O Ram Adhar Tiwari, R/O- Vill- Rajaiya Tola, P.SChapra, Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the State :

Mr. Abhay Kumar Roy, APP For the Informant :

Mr. N.K. Agarwal, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner, learned senior counsel for the informant as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chapra Muffasil P.S. Case No. 862 of 2022, registered for the offences punishable under Sections 420/406/468/427 of the IPC.

3. As per allegation, an agreement was entered into between the informant and the petitioner. According to the agreement, the informant sold his truck to the petitioner but the

Patna High Court CR. MISC. No.74607 of 2024(11) dt.12-11-2025 2/3 petitioner neither paid the loan amount nor returned the amount.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He has further submitted that there is no such agreement between the parties and the alleged agreement annexed with the counter affidavit does not bear the signature of the petitioner. As a matter of fact, the son of the petitioner and the informant were in business of sand and there was some dispute for money transaction between them and that is why, the petitioner has been falsely implicated. It has further been submitted that it is a case of civil nature.

5. On the other hand, the learned senior counsel for the informant has submitted that on 16.07.2025, when the case was taken up, learned counsel for the petitioner has submitted that some installments were paid by son of the petitioner to the informant.

6. It appears to be a case of civil nature and ultimate remedy to the informant lies in the Civil Court of competent jurisdiction.

7. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be

Patna High Court CR. MISC. No.74607 of 2024(11) dt.12-11-2025 3/3 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Chapra Muffasil P.S. Case No. 862 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C./ 482(2) of the BNSS, 2023. (Nawneet Kumar Pandey, J) priyanka/- U T