Ramnath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79901 of 2023 Arising Out of PS. Case No.-984 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ramnath Sah S/O Dukhan Sah R/O Village- Deoria Kothi, Ps. Deoria, Dist. Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Kumar For the Opposite Party/s :

Mr. Anant Kumar 1 For the Complainant :

Mr. Abhay Kumar Mr. Chandra Shekhar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the complainant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that petitioner along with other co-accused persons have taken Rs. 7,500,000/- from the complainant and sold the land to the complainant which was already sold to someone else, due to which the complainant did not take possession of the said land and when the complainant asked for the money back, they refused to return the same.

Patna High Court CR. MISC. No.79901 of 2023(2) dt.15-12-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the complainant has filed Title Suit No. 578 of 2022 for recovery of the aforesaid sale procees of Rs. 7,50,0000/-, the said title suit is pending in the learned Court below. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the complainant opposed prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 984 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T