Ashwani Kumar @ Ashwani Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85227 of 2023 Arising Out of PS. Case No.-775 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== ASHWANI KUMAR @ ASHWANI KUMAR GUPTA, Male, aged about 72 years, SON OF LAL BADRI NATH GUPTA RESIDENT OF MOHALLA - GOLA, P.S. - ARA TOWN, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SHANKAR KUMAR RAI, Male, aged about 31 yaers, SON OF LATE SATISH YADAV RESIDENT OF MOHALLA - BHALUHIPUR, P.S. - ARA TOWN, DISTRICT - BHOJPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Arun Kumar Pandey, APP For the compainant :

Mr Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-07-2024 Heard Mr. Tejpratap Singh, learned counsel appearing on behalf of the petitioner; Mr. Arun Kumar Pandey, learned APP for the State and Mr. Deepak Kumar, learned counsel for the complainant.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 775(C) /2023 registered for the offence(s) punishable under Sections 420, 406, 467, 506, 504/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, petitioner is said to have put his signature on registered sale-deed as a witness which was executed by co-accused Arun Kumar Gupta

Patna High Court CR. MISC. No.85227 of 2023(4) dt.12-07-2024 2/2 in favour of the complainant/Shankar Kumar Rai.

4. At the outset, learned counsel appearing on behalf of the opposite party no.2 informs that he has received information that opposite party no.2 is satisfied with the compromise entered into between the petitioner and him and both the parties don't want to purse with the litigation further.

5. Considering the aforesaid submission and taking into consideration the nature of the dispute which relates to sale of a piece of land in respect of Khata No.113, Khesra No.224 measuring an area of 1 katha for consideration amount of rupees 10 lacs, I find that opposite party no.2 is not willing to litigate the matter further and, as such, in such circumstances, the petitioner is directed to be released on pre-arrest bail in connection with Complaint Case No. 775(C) /2023 pending in the Court of learned Judicial Magistrate, 1st Class, Bhojpur, Ara on such terms and conditions as the District Court deems it fit and proper.

6. The bail application is, accordingly, disposed of. (Purnendu Singh, J) Sanjay/- U T