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Arun Kumar Rai @ Arun Kumar Ray v. the State of Bihar

Patna HC1 Nov 2023CR. MISC./48563/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to Arun Kumar Rai, who was apprehended as a witness/identifier in a sale deed related to a property dispute under Sections 465, 467, 468, 420, 341, 323, 504, and 506 IPC, relying on the nature of his involvement and a related bail order.

What did the court decide?

Release of petitioner on anticipatory bail on furnishing a bail bond of Rs. 10,000 with two sureties within four weeks.

Arun Kumar Rai @ Arun Kumar Ray Vs the State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48563 of 2023

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Arising Out of PS. Case No.-208 Year-2022 Thana- DALSINGHSARAI District- Samastipur

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

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ARUN KUMAR RAI @ ARUN KUMAR RAY SON OF SANKAR RAI RESIDENT OF JAWAHARPUR WARD NO.9, P.S. - UJIYARPUR, DISTRICT - SAMASTIPUR

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR, PATNA

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bindeswari Singh For the Opposite Party/s : Mr.Aditya Narayan Singh.1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 01-11-2023

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Heard the parties.

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2.The petitioner apprehends his arrest in

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connection with Dalsinghsarai P.S. Case No. 208 of 2022 dated 12.06.2022 registered under Sections 465, 467, 468, 420, 341, 323, 504, 506 of the I.P.C.

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As per the First Information Report the sister of the informant has allegedly sold the joint family property in favour of the co-accused persons and the petitioner is said to be a witness / identifier in the sale deed.

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Learned counsel for the petitioner submits that it is not disputed that informant’s sister was having share in the disputed land and even if she has exceeded her share

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Patna High Court CR. MISC. No.48563 of 2023(3) dt.01-11-2023 2/3

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while selling the land it gives rise to civil dispute. He further submits that petitioner is not the purchaser or the seller rather he is an identifier / witness in the sale deed.

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On the other hand, Mr. Aditya Narain Singh No. 1, learned A.P.P. for the State and Mr. Natraj Verma, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that petitioner is not only the identifier and witness of the sale deed but at the same time he is a broker and neighbour of the informant and was aware about the share of the co-accused i.e. sister of the informant.

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Regard being had to the submissions made by the parties, taking into consideration the fact that purchaser has been granted bail vide Cr. Misc. No. 30622 of 2023 and the petitioner is only an identifier in the sale deed, I am inclined to grant anticipatory bail to the petitioner.

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Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the

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Patna High Court CR. MISC. No.48563 of 2023(3) dt.01-11-2023 3/3

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satisfaction of A.C.J.M. -I Samastipur in connection with Dalsinghsarai P.S. Case No. 208 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Arun Kumar Rai @ Arun Kumar Ray v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Arun Kumar Rai @ Arun Kumar Ray v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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