Ram Prakash Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80290 of 2023 Arising Out of PS. Case No.-1656 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.
RAM PRAKASH RAI SON OF LATE BINDA PRASAD RAI RESIDENT OF VILLAGE - DANIYALPUR BANSI RAI TOLA, WARD NO.04, POLICE STATION - TEGHRA, DISTRICT - BEGUSARAI AT PRESENT RESIDENT OF VILLAGE - GANNIPUR, POLICE STATION - KAZI MOHAMMADPUR, DISTRICT - MUZAFFARPUR 2.
RAJNEESH RANJAN SON OF RAM PRAKASH RAI RESIDENT OF VILLAGE - DANIYALPUR BANSI RAI TOLA, WARD NO.04, POLICE STATION - TEGHRA, DISTRICT - BEGUSARAI AT PRESENT RESIDENT OF VILLAGE - GANNIPUR, POLICE STATION - KAZI MOHAMMADPUR, DISTRICT - MUZAFFARPUR ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR BIHAR 2.
RAJIV RANJAN @ BABLU SON OF LATE KAPIL DEO SINGH RESIDENT OF VILLAGE - MATHURAPUR DAKCHIN TOLA, POLICE STATION - TEGHRA, DISTRICT - BEGUSARAI ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mazharul Hassan For the Opposite Party/s :
Mr. Anant Kumar 1 Mr. Braj Bhushan Poddar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code.
3. The allegation against the petitioners is that they took money from the complainant in lieu of registration of land but later on sold the land to another person. It is alleged that when the complainant demanded for his money they did not returned
Patna High Court CR. MISC. No.80290 of 2023(2) dt.19-12-2023 2/3 the same and threatened to kill him.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioners. There is a civil dispute between the parties. He further submits that the petitioners have already executed the sale deed in the favour of complainant's sister. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.
5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the complainant that the complainant does not have any sister.
6. Having regard to the facts and circumstances of the case as well as considering that there is a civil dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor
Patna High Court CR. MISC. No.80290 of 2023(2) dt.19-12-2023 3/3 Court in connection with Complain Case No.1656 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T