Patna High Court – Orders
Gokul Rai @ Gokul Roy @ Gokul Ray vs The State Of Bihar on 23 January, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44114 of 2024
Arising Out of PS. Case No.-4476 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Suryadev Kumar S/O Gokul Ray @Gokul Roy @Gokul Rai R/O
MANOHARPUR KACHUARA, P.S. GOPALPUR, DISTT-PATNA
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shankar Singh S/O Late Ram Vilash Singh R/O Quarter no. C/9, Phase-2,
Akashvani Colony, P.O-G.P.O, P.S. Kotwali, Distt-Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 53622 of 2024
Arising Out of PS. Case No.-4476 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Gokul Rai @ Gokul Roy @ Gokul Ray Son of Late Devki Rai R/o-
Manoharpur Kachuara, P.S.- Gopalpur, District - Patna.
2. Sumintra Devi Wife of Gokul Rai @ Gokul Roy @ Gokul Ray R/o-
Manoharpur Kachuara, P.S.- Gopalpur, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shankar Singh Son of Late Ram Vilash Singh R/o- Quarter No.- C/9, Phase-
2, Akashvani Colony, P.O.- G.P.O., P.S.- Kotwali, District - Patna.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 44114 of 2024)
For the Petitioner/s : Mr. Shambhu Narayan Singh
Mr. Saroj Kumar Tiwary, Advocates
For the Complainant : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay
(In CRIMINAL MISCELLANEOUS No. 53622 of 2024)
For the Petitioner/s : Mr. Shambhu Narayan Singh
Mr. Saroj Kumar Tiwary, Advocates
For the Complainant : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
Patna High Court CR. MISC. No.44114 of 2024(4) dt.23-01-2025
2/4
4 23-01-2025
Heard Mr. Shambhu Narayan Singh, learned counsel
for the petitioners, Mr. Sanjeev Kumar, learned counsel for the
Complainant and Mr. Jharkhandi Upadhyay, learned APP for the
State.
2. The petitioners are apprehending their arrest in
connection with Complaint Case No. 4476 of 2023, dated
02.05.2023 registered for the offences punishable under Sections
323, 341, 379, 406 and 420 of the Indian Penal Code.
3. According to prosecution case, the complainant
entered into an agreement for sale with his co-worker and paid
Rs. 3,00,000/- (Rupees three lakhs) as earnest money and later
paid total consideration money, i.e. Rs. 12,00,000/- (Rupees
twelve lakhs). It is further alleged that when the complainant
and his son went on to measure the land, then they found out
that his co-worker has already sold the said land to some other
person.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. Learned counsel for the
petitioners fairly submits that it is admitted fact that the
petitioners have received the amount in question from the
complainant and petitioner namely Sumitra Devi has executed
the sale deed in favour of the complainant on 18.10.2021 which
suggests that the petitioners have executed the sale deed in
Patna High Court CR. MISC. No.44114 of 2024(4) dt.23-01-2025
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favour of the complainant in long back in the year 2021 and
thereafter the complainant had deposited amount for his rent
receipt and the authority concerned had issued the rent receipt
in favour of the complainant. Learned counsel for the petitioner
further submits that it appears from the aforesaid that the
complainant has filed the present complaint petition only to
harass the petitioners. He further submits that co-accused
person namely Randhir Kumar @ Randhir who is son of the
Gokul Rai @ Gokul Roy and Sumitra Devi has been granted the
privilege of anticipatory bail by this Court vide order dated
01.05.2024 passed in Cr. Misc. No. 25091 of 2024.
5. Learned APP for the State as well as learned counsel
for the Complainant, on the other hand, opposed the prayer for
anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case,
let the petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1st Class, Patna in connection with
Complaint Case No. 4476 of 2023, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure/ Section 482(2) of BNSS, 2023 and with other
Patna High Court CR. MISC. No.44114 of 2024(4) dt.23-01-2025
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following conditions :-
(1) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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