Mankhub Ray @ Mankhub Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71015 of 2025 Arising Out of PS. Case No.-785 Year-2023 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Mankhub Ray @ Mankhub Rai S/o Late Prem Narayan Singh @ Basavan Rai @ Basavan Ray R/o Village- Indaur, P.S.- jItarhi, District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hansraj Singh @ Hansraj Rai S/o Late Jaggi Singh R/o Village- Lodhas, P.S.- Itarhi, District- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parijat Saurav For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-11-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 467, 471, 504 and 506 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the complainant alleges that petitioner was harvesting his land, on objection he disclosed that the land belongs to him, since he is legal heir of late Prem Narayan Singh and revenue receipt with regard to the land is also in his name, further petitioner along with 4-5 unknown accused assaulted him by kicks, punches and stick

Patna High Court CR. MISC. No.71015 of 2025(2) dt.04-11-2025 2/3 causing injury. It is next alleged that thereafter the complainant inquired from the revenue authorities and came to know that petitioner has got his name entered in the revenue receipt portraying as son of Prem Narayan Singh, when Prem Narayan Singh died 50 years ago and was issueless.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that dispute is purely civil in nature to which a criminal colour has been given. It is further submitted that had an FIR been instituted, in that event the police would have investigated the case and truth would have come to the fore, but then it appears that the complainant deliberately instituted the instant complaint case where complainant has to bring two witnesses for substantiating his case. It is also submitted that even presuming what has been alleged to be true without admitting then the complainant ought to have moved before the competent authority for getting the name of the petitioner entered in the revenue records set-aside, but instead of resorting to procedure envisaged under the law, the instant criminal case came to be instituted only with a view to coerce the petitioner into submission.

Patna High Court CR. MISC. No.71015 of 2025(2) dt.04-11-2025 3/3 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 785 (c) of 2023, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T