Patna High Court – Orders
Praveen Kumar @ Pravin Kumar vs The State Of Bihar on 16 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62411 of 2024
Arising Out of PS. Case No.-163 Year-2020 Thana- CIVIL LINE District- Gaya
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Praveen Kumar @ Pravin Kumar S/O Late Janardan Pandey R/O House No.
236 B, Road No. 3 B1, West of Wazir Apartment, New Patliputra Colony, P.S-
Patliputra, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bindu Mishra wife of Pramod Kumar Mishra Resident of Mohalla Near
Janani Hospital P.S. Civil Lines, Gaya
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ritwik Thakur, Adv
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 16-06-2025
Heard learned counsel for the petitioner, learned App
for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 323, 420, 467, 468,
406, 464, 463, 465, 466, 469, 470, 471, 474, 504, 506 and 120B
of the Indian Penal Code.
3. Despite notices having been issued to the opposite
party no. 2, no one appears on behalf of O.P. No. 2.
4. The allegation in the FIR is that the informant jointly
with the accused persons had purchased 10 acres of land
whereafter, she was ousted from the house by the accused no.
Patna High Court CR. MISC. No.62411 of 2024(6) dt.16-06-2025
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1, Pramod Kumar Mishra and when she wanted to sell her share
of land, she found that a petrol pump was running on the said
land.
5. Learned counsel for the petitioner submits that the
petitioner is actually the lessee, who has taken the concerned
land on lease for 30 years from the lessor who is the accused
no. 1 Pramod Kumar Mishra, the Director of Magadh
Developers India Ltd. It has been submitted on behalf of the
petitioner that the petitioner is the owner of Petrol Pump, which
is running on the land of the lessor, Promod Kumar Mishra, who
is accused of the case and also the husband of the Opposite
party no. 2 that is the present complainant. It has further been
submitted that the land is on lease for 30 years and reliance has
been placed upon Annexure-2 which is sub-lease agreement
between the present petitioner and the HPCL. It has also been
submitted that the thrust of the allegation of cheating and
forgery is against accused no. 1, Pramod Kumar Mishra and
accused no. 2 and 3 and further the present petitioner has also
alleged to be involved in the conspiracy. It has also been
brought to the notice of this court that even the accused Pramod
Kumar Mishra has filed a case against the present informant
and other accused persons alleging therein that the informant
Patna High Court CR. MISC. No.62411 of 2024(6) dt.16-06-2025
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has fraudulently shown herself to be the wife of the said Pramod
Kumar Mishra and has been raising false claims.
6. Learned APP for state opposes the bail application.
7. Be that as it may taking the entire facts and
circumstances into consideration, it would be clear that so far as
petitioner is concerned, he is not related to the family of accused
Pramod Kumar Mishra and he is running his petrol pump by
virtue of valid documents and hence no allegation of cheating,
forgery are made out against the petitioner. Accordingly, in the
event of his arrest/ surrender within a period of four weeks from
today the petitioner shall be released on bail on furnishing bail
bonds of Rs 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/ successor court in Civil Line P.S. Case No.
163 of 2020, subject to condition as laid down under Section
438(2) of the Cr.P.C and subject to the further condition that the
petitioner shall co-operate in investigation/ trial.
(Soni Shrivastava, J)
N.K/-
U T