Allowed

Raj Kumar Rai @ Raj Kumar Singh v. The State of Bihar

Patna HC7 Dec 2023CR. MISC./42309/2023

Case brief

AI extract

What is this about?

In CR. Misc. No. 42309 of 2023, the Patna High Court disposed of an anticipatory bail petition filed by Raj Kumar Rai. The High Court allowed the application, granting bail to the petitioner if arrested within six weeks, upon furnishing a bond and sureties under Section 438(2) CrPC.

What did the court decide?

Petitioner enlarged on bail upon arrest/surrender within six weeks by furnishing bail bond of Rs. 20,000 with two sureties of like amount under Section 438(2) CrPC.

Raj Kumar Rai @ Raj Kumar Singh Vs The State of Bihar — Cheating and Forgery | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42309 of 2023

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Arising Out of PS. Case No.-815 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai

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======================================================

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Raj Kumar Rai @ Raj Kumar Singh Son Of Late Dhanik Lal Rai @ Late Dhanik Singh @ Dhanik Singh Village- Simaria-1, Ward No-9, Ps- Barauni Dist- Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Sanjeev Kumar son of Lakhan Shaw Village- Chakiya Po- BTPS PsBarauni Dist- Begusarai

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Complainant : Mr. Vikram Anurag, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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6 07-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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2 . Heard learned counsel for the petitioner and learned counsel for the complainant as well as learned Additional Public Prosecutor for the State.

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3 . The petitioner is apprehending his arrest in a case in connection with Complaint Case No. 815C of 2022 dated 24.05.2022 registered for the offence/s punishable u/ss 415, 420, 511, 467, 468 read with section 34 of the Indian Penal Code but the cognizance has been taken only under sections 415 and 420

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Patna High Court CR. MISC. No.42309 of 2023(6) dt.07-12-2023 2/4

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of the IPC.

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4 . As per the prosecution case, the petitioner was ready to sell the schedule-1 property at the cost of Rs. 8,25,000/for which the complainant and his son Gaurav Kumar made an advance payment of Rs. 7,75,000/- and an agreement to sell was also entered. In the meantime, the petitioner transferred the property in schedule-1 to the complainant and his son Gaurav Kumar at total cost of Rs. 9,00,000/- by registered kewala deed no. 7697 dated 21.09.2021 and they got peaceful possession of the property. It is further submitted that the informant's elder son Akshay Kumar had asked the petitioner several times to execute an agreement and finally he sent legal notice to the petitioner but the petitioner executed the schedule -3 property to the accused Nagina Devi through the registered sale deed. Thus, all the accused persons being the close relatives of each others and aware of all facts under a conspiracy to defraud the complainant's property, has changed the boundary of the property by making forged document and executed the part of schedule 1 and schedule 2 property respectively.

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5 . Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned counsel has further submitted that the petitioner has got

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Patna High Court CR. MISC. No.42309 of 2023(6) dt.07-12-2023 3/4

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9 katha, 15 dhoor, 6 dhurki and 7 foorki land as per his share from the ancestral land and the petitioner has executed the sale deed of land of area 4 katha in favour of Sanjiv Kumar and Gaurav Kumar and further the petitioner has executed sale deed for 2 katha and 15 dhoor land in favour of one Nagina Devi so the petitioner has not executed the sale deed of any land against his share. The petitioner is the absolute owner of the said land. The petitioner has neither cheated nor created forged documents. The petitioner has already executed the sale deed on the consideration money. Learned counsel has further submitted that the present case relates to civil dispute and that reason Akshay kumar has already filed title suit no. 182 of 2021. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

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6 . Learned counsel for the complainant as well as learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

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7 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees

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Patna High Court CR. MISC. No.42309 of 2023(6) dt.07-12-2023 4/4

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twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Complaint Case No. 815C of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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8 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Raj Kumar Rai @ Raj Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raj Kumar Rai @ Raj Kumar Singh v. The State of Bihar

Case brief

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