Allowed

Sanjay Ray v. the State of Bihar

Patna HC23 Nov 2023CR. MISC./72989/2023

Case brief

AI extract

What is this about?

The Patna High Court, in criminal miscellaneous proceedings, set aside a defect in the bail petition within six weeks and granted anticipatory bail to petitioners faced with charges of criminal breach of trust and cheating in a land dispute case.

What did the court decide?

Petitioners permitted to be enlarged on bail on furnishing a bond of Rs. 20,000 each with two sureties if they surrender within six weeks.

Sanjay 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.72989 of 2023

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Arising Out of PS. Case No.-752 Year-2022 Thana- MADHAURAH District- Saran

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

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Sanjay Ray Son Of Swaminath Ray @ Swami Ray R/O Village- Sarai Baksh, P.S.- Bheldi, Dist.- Saran

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Abhishek Kumar @ Abhishek Shrivastava Son Of Tarkeshwar Prasad @ Late Prem Shrivastava R/O Village- Raypura, P.S.- Bheldi, Dist.- Saran

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... ... Petitioner/s

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Versus

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The State Of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 23-11-2023 Learned counsel for the petitioners 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 petitioners and learned Additional Public Prosecutor for the State.

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3 . The petitioners are apprehending their arrest in a case in connection with Marhowrah P.S. Case No. 752 of 2022 dated 01.12.2022 registered for the offences punishable u/ss 341, 323, 406, 420, 467, 468, 504 and 506 read with section 34 of the Indian Penal Code.

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4 . As per the prosecution case, the co-accused Munna Kumar Sah, Parshuram Sah, Pritam Sah and Saraswati Devi are

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Patna High Court CR. MISC. No.72989 of 2023(2) dt.23-11-2023 2/3

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alleged to have given thumb impression on the power of Attorney and has executed registered sale deed in favour of the petitioners fraudulently.

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5 . Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case due to land dispute. Learned counsel has further submitted that the petitioners are the purchasers of the said land. The petitioners have purchased the land after payment of consideration money to the real title holder of the land. Section 144 of the Cr. P.C. was initiated which was decided in favour of the petitioners. It is a case of civil dispute. The title suit no. 212 of 2020 is pending with regard to the said land. The petitioner no. 1 has no criminal antecedent and the petitioner no. 2 has two more criminal cases as stated at para 3 of the bail petition.

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6 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

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7 . Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Saran at

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Patna High Court CR. MISC. No.72989 of 2023(2) dt.23-11-2023 3/3

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Chapra in connection with Marhowrah P.S. Case No. 752 of 2022, subject to conditions as laid down under Section 438(2) of

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the Code of Criminal Procedure.

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8 . This application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Sanjay Ray v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay 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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