Arvind Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77622 of 2023 Arising Out of PS. Case No.-139 Year-2021 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== ARVIND RAY Son of Late Ramji Prasad Yadav @ Ramji Rai R/o vill - Bhorhan, P.S. - Shyampur Bhatahan, Distt. - Sheohar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP For the Informant :

Mr. Devendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Shyampur Bhatahan P.S. Case no. 139 of 2021 registered under sections 406, 420, 120B and 468 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have interpolated the signature of the informant and having usurped the entire amount received against the land acquisition for the land belonging to all the family members including the informant.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations are false and concocted. It is mainly a civil dispute relating to distribution of the amount of compensation received.

Patna High Court CR. MISC. No.77622 of 2023(3) dt.07-03-2024 2/2 The petitioner is in custody since 6.8.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the FIR but there is direct allegation against him of having cheated the other family members including the petitioner herein. Even in course of the proceedings, the petitioner had agreed to give informant's share to him.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the petitioner having remained in custody for 7 months since 6.8.2023, his not having any criminal antecedent and investigation having been completed with submission of chargesheet, the petitioner is directed to be enlarged on bail in connection with Shyampur Bhatahan P.S. Case no. 139 of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Sheohar. (Partha Sarthy, J) Shiv/- U T