Ashok Kumar @ Ashok Singh Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13656 of 2024

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Arising Out of PS. Case No.-831 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya

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

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Ashok Kumar @ Ashok Singh S/O RAMASHRAYA SINGH R/O VILLAGE- HURRAHI, PS.- WAZIRGANJ, DISTRICT.- GAYA.

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MUNNA SINGH S/O RAMASHRAYA SINGH R/O VILLAGEHURRAHI, PS.- WAZIRGANJ, DISTRICT.- GAYA.

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... ... Petitioner/s

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Versus

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The State of Bihar

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SUNITA DEVI W/O RAMJI CHOUDHARY R/O VILLAGE- PALE, P.S.WAZIRGANJ, DISTRICT.- GAYA.

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... ... Opposite Party/s

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

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Appearance : For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Navin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

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ORAL ORDER

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2 12-03-2024

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Heard learned counsel for the parties.

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The petitioners have preferred this application for

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grant of regular bail in connection with Complaint Case no.831 of 2022 registered under sections 420, 406 and 471 of the Indian Penal Code.

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As per the prosecution case, the complainant states that a registered sale deed was executed by the petitioner with respect to an immovable property on 23.9.2014 which subsequently transpired was not owned by the petitioner but by others. As such the land was not mutated in favour of the complainant.

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Patna High Court CR. MISC. No.13656 of 2024(2) dt.12-03-2024 2/3

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Learned Senior counsel appearing for the petitioners submits that the petitioners have been falsely implicated in the case. From the contents of the complaint, it would be evident that the matter is one of purely civil dispute. The petitioners are in custody since 9.10.2023 and undertakes to cooperate in the case/trial.

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The application for bail is opposed by learned A.P.P for the State and learned counsel for the complainant- opposite party no.2. Learned counsel appearing for the complainant submits that there is direct allegation against the petitioners of having cheated the informant by executing a registered sale deed with respect to an immovable property of which he did not have the title.

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Having heard learned counsel for the parties and taking into consideration the allegation against the petitioners in the complaint, the sale-deed having been registered in the year 2014 for which the complaint was filed in the year 2022 together with the petitioners having remained in custody for 5 months since 9.10.2023, both the petitioners are directed to be enlarged on bail in connection with Complaint Case no.831 of 2022 on each of them furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount

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Patna High Court CR. MISC. No.13656 of 2024(2) dt.12-03-2024 3/3

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each to the satisfaction of the learned Judicial Magistrate 1^st

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Class, Gaya.

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(Partha Sarthy, J)

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Shiv/-

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U T

Ashok Kumar @ Ashok Singh v. The State of Bihar

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Ashok Kumar @ Ashok Singh v. The State of Bihar

Case brief

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