Pradeep Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72522 of 2023 Arising Out of PS. Case No.-1889 Year-2019 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Pradeep Kumar Singh S/O Late Ram Ayodhya Singh Permanent Resident Of Village- Bhaluhipur, Ps. Ara Town, Dist. Ara, Bhojpur, Presently Resident Of Chirachas, Ps. Chas Bokaro, Dist. Bokaro (JHARKHAND) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dilip Kumar Singh S/O Late Ram Ayodhya Singh Permanent Resident Of Village- Bhaluhipur, Ps. Ara Town, Dist. Ara, Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parijat Saurav, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP :

Mr. Mukesh Kant, Advocate :

Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the complainant.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 380 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, three accused persons along with 4-5 other persons broke open the lock of the house of the complainant and also broken lockers at night. They stolen the papers, gold and silvers from the lockers and went away on motorcycle.

4. 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 property dispute between the parties and both parties are agnates. He submits that title suit is

Patna High Court CR. MISC. No.72522 of 2023(2) dt.01-12-2023 2/3 going on between the parties which is pending in the Sub-Judge Bhojpur as Title Suit no.167 of 2008. He further submits that petitioner having his own manufacturing unit under MSME in Bokaro and the wife of the petitioner is a teacher for the last 23 years and the two children of the petitioner are well placed and working in reputed multi-national companies and the petitioner in not in any need to commit any kind of theft. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State as well as learned counsel for the complainant opposes the prayer for bail and submits that the petitioner forcibly entered into the house of the complainant and took articles amounting to Rs. 1,00,00,000/- (Rs. One Crore).

6. Considering the argument of the parties and perusal of the record and the fact that there is 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 Complainant Case No.1889 of 2019, subject to the condition as laid down under Section 438 (2) of the

Patna High Court CR. MISC. No.72522 of 2023(2) dt.01-12-2023 3/3 Cr.P.C.

7. Petitioner is directed to cooperate in the trial. (Anjani Kumar Sharan, J) ajay/- U T