Gagan Ray v. the State of Bihar

Patna HC17 Feb 2024CR. MISC./5530/2024

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous No. 5530 of 2024; decision dated 17-02-2024; Justice Prabhat Kumar Singh; anticipatory/pre-arrest bail; Section 438(2) CrPC; Sections 420, 468, 120B IPC; Kanti PS Case No. 653 of 2023; Muzaffarpur; fraudulent sale of land; fake documents; civil dispute between pattidars; Title Suit No. 256 of 2017; bail bond Rs.10,000/- with two sureties.

What did the court decide?

Prayer for bail allowed: in the event of arrest/surrender within six weeks, both petitioners to be enlarged on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of Judicial Magistrate 1st class, West Muzaffarpur in Kanti Case No. 653 of 2023, subject to conditions under section 438(2) CrPC. ¶¶22

Gagan Ray Vs the State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest in PS Case No. 653 of 2023 (Kanti, Muzaffarpur) for offences punishable under sections 420, 468/120B and other ancillary sections of the Indian Penal Code, are entitled to bail in the event of arrest/surrender.

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Court's answer

Considering the facts of the case, the Court allowed the prayer for bail of all the petitioners.

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Ratio / Principle

In the event of arrest/surrender within six weeks, the petitioners are to be enlarged on bail on furnishing a bail bond of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate 1st class, West Muzaffarpur in Kanti Case No. 653 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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Detailed headnote1 paragraphs

Bail on apprehension of arrest granted — Patna High Court allowed the prayer of two petitioners who apprehended arrest in Kanti P.S. Case No. 653 of 2023 registered for offences punishable under sections 420, 468/120B IPC, arising from the allegation that the FIR-named accused fraudulently sold the informant's land to petitioner no.2 by presenting fake documents. Counsel contended the dispute was civil in nature between pattidars, with Title Suit No. 256 of 2017 pending before the Sub Judge III, West Muzaffarpur. On arrest/surrender within six weeks, the petitioners were directed to be enlarged on bail on a bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, West Muzaffarpur, subject to the conditions laid down under section 438(2) CrPC.

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.5530 of 2024

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Arising Out of PS. Case No.-653 Year-2023 Thana- KANTI District- Muzaffarpur

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

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Gagan Ray Son Of Mangal Ray Resident Of Village - Dhamauli Ramnath Tole, Madhuwan, Police Station - Kanti, District - Muzaffarpur

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Rita Devi Wife Of Sanjay Ray Resident Of Village - Dhamauli Ramnath Tole, Madhuwan, Police Station - Kanti, District - Muzaffarpur

... ... Petitioners

Versus

The State Of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioners : Mr.Ravi Nandan, Advocate For the Opposite Party : Mr.Choubey Jawahar, Addl Public Prosecutor ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

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ORAL ORDER

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2 17-02-2024

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Heard learned counsel for the petitioners and the

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State.

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Petitioners apprehend arrest in a case registered for the offence punishable under sections 420, 468/120B and other ancillary sections of the Indian Penal Code.

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As per the prosecution case, all the FIR named accused persons including these petitioners fraudulently sold land of the informant to petitioner no.2 by presenting fake documents.

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While denying the allegation, learned counsel for the petitioners submits that parties are pattidar and dispute is of civil nature for which Title Suit No. 256 of 2017 is already pending in the Court of Sub Judge III, West Muzaffarpur. Petitioner no.2 has purchased the said land on payment of entire

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Patna High Court CR. MISC. No.5530 of 2024(2) dt.17-02-2024 2/2

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consideration amount to Jyoti Kumari.

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Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1^st class, West Muzaffarpur in Kanti Case No. 653 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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Shashi U T

Gagan Ray v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Gagan Ray v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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