Patna High Court released petitioner on bail in matrimonial property dispute registered as criminal offence, considering its civil nature and bail granted to co-accused.
Petitioner released on bail with Rs.20,000 bond + two sureties of same amount subject to conditions in S. 438(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61117 of 2023
Arising Out of PS. Case No.-80 Year-2017 Thana- GANDHIMAIDAN District- Patna
======================================================
Anil Kumar Lal Son Of Late Chandrika Prasad Resident Of Village- Flat No. 201, Nupur Apartment, Mohalla- Salimpur Ahra (Lane No. 1), Kadamkuan, P.S.- Ganghi Maidan, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Suryakant Kumar, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
3 06-12-2023 Heard Mr. Suryakant Kumar, learned counsel appearing
on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.61117 of 2023(3) dt.06-12-2023 2/4
Kumar, however subsequently, the said Manoj Kumar stopped giving rent to the complainant and when son of the complainant inquired about the actual state of affairs it came to know that coaccused Manoj Kumar, in collusion with the petitioner, who happens to be Halka Karmchari, along with Circle Officer has created a Jamabandi in favour of said Manoj Kumar.
Patna High Court CR. MISC. No.61117 of 2023(3) dt.06-12-2023 3/4
whom the entire allegation revolves around, has been allowed the privilege of anticipatory bail in Cr. Misc. 45182 of 2017. Recently the Circle Officer has also been allowed bail by learned co-ordinate Bench of this Court in Cr. Misc. 5207 of 2023, the copy of which is marked as Annexure P/4.
Patna High Court CR. MISC. No.61117 of 2023(3) dt.06-12-2023 4/4
shall be the own/close family members of the petitioner.
(Harish Kumar, J)
shweta/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a civil dispute coloured as criminal given the anticipatory bail to co-accused.
1 provisions across 1 enactments
Anil Kumar Lal Son Of Late Chandrika Prasad
The State of Bihar
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
