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Patna High CourtCR. MISC./81835/2019allowed

Ramashish Yadav @ Ramashish Choudhary v. The State Of Bihar

2020-02-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81835 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- BHORE District- Gopalganj ====================================================== 1.

RAMASHISH YADAV @ RAMASHISH CHOUDHARY Son of Fulena Yadav Resident of Village - Bantariya Sansare, P.S.- Bhorey, Distt.- Gopalganj.

2.

Govind Pandey Son of Matadin Pandey Resident of Village - Pandey Chaklia, P.S.- Bhorey, Distt.- Gopalganj.

3.

Bhuwal Prasad @ Bhwal Prasad Verma Son of Gauri Shankar Verma, Resident of Village - Sansarpur, P.S.- Bhorey, Distt.- Gopalganj. ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 420, 406, 467, 468, 471, 387 and 120 B of the Indian Penal Code. Petitioners in association with one another accused person are said to have committed fraud with an intention to devour consideration money of Rs.8 lakhs of the informant which he had given for registration of a land and when the informant approached the accused persons they got infuriated

Patna High Court CR. MISC. No.81835 of 2019(2) dt.13-02-2020 2/3 and assaulted him by fists and slaps and also threatened him of dire consequences.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. There is a long standing land dispute between the parties. As a matter of fact, the informant is a habitual litigant and cunning person and in order to extort money from the petitioners, he has got lodged this case with altogether wrong and concocted allegation. Earlier to the case under hand, the informant had filed a Complaint Case No.2352 of 2017 before the learned C.J.M., Gopalganj and after due enquiry the same was dismissed. There is inordinate and abnormal delay of one year in filing the complaint petition without assigning any plausible and convincing reason for the said delay. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, 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. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Bhorey P.S.

Patna High Court CR. MISC. No.81835 of 2019(2) dt.13-02-2020 3/3 Case No.23 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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