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Patna High CourtCR. MISC./85223/2023allowed

Ramnath Ram v. The State Of Bihar

2024-01-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85223 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Ramnath Ram S/o- Late Jualal Ram R/o- Patuwaha Ps Dist- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Damodar Jha son of Late Guneshwar Jha R/o- Patuwaha Ps- Saharsa Sadar Dist- Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Verma, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 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 420, 467, 468, 471, 472 and 120(B) of the Indian Penal Code, 1860

3. Allegation against the petitioner is that he sold the land of the informant which is not belongs to the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. He further submits that the said land belongs to the petitioner and details has been filed in the learned court below came in para four of the impugned order Mushai Ram was the khatiyani Raiyat of Khata No. 277(old) plot

Patna High Court CR. MISC. No.85223 of 2023(2) dt.16-01-2024 2/2 no. 340 (old) and Ramnath Ram is heir and successor of Mushai Ram. In support of the fact the genealogy is also being annexed with this bail application as annexure-II. It is further submitted that petitioner Ram Nath Ram had sold the land of Khata No. 277 (old) plot no.(old) measuring about 6.54 decimal to Md. Falauddin on 12.08.2022, a photocopy of sale deed is filed as annexure-IV. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, considering the arguments of the parties, 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 Saharsa Sadar P.S. Case No. 21 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) annpurna/- U T