Bir Bahadur Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80684 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- MADHAURAH District- Saran ====================================================== BIR BAHADUR RAI Son of Thanguni Rai Resident of Village-Dharamauli, P.S.-Madaura @ Marhaura, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Madaura @ Marhaura P.S. Case No. 65 of 2019 registered for the offence punishable under Sections 341, 323, 379, 307, 420, 471 and 506/34 of the Indian Penal Code. The allegation is regarding the petitioner having taken money from the informant on the assurance that he would execute sale deed of three kattha of land, however, subsequently, neither the sale deed was executed nor the money was returned and when the informant asked the petitioner to return the money, the informant is stated go have been assaulted by the petitioner and other accused persons.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.80684 of 2019(2) dt.10-12-2019 2/2 dispute in question is purely civil in nature and in order to pressurize the petitioner to cough up money, the present false case has been registered against the petitioner herein. It is further submitted that there is no injury report on record to suggest that the informant has received any sort of injury. The petitioner is stated to be having a clean antecedent. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Madaura @ Marhaura P.S. Case No. 65 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T