Samrendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4217 of 2022 Arising Out of PS. Case No.-583 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Samrendra Kumar Son Of Late Tarkeshwar Prasad R/O Mohalla- Pankha Toli, P.S.- Kaji Mohammadpur, District- Muzaffarpur, Presently Resides At 14, Rail Vihar, Sector- 33, Noida, Uttar Pradesh ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Twice notice was issued to the Opposite Party no.2. Office points out that the notice has been received by the compounder of respondent, Tinku Kumar after communicating Opposite Party no.2 telephonically by himself. Considering the fact aforesaid, notice issued to the opposite party no.2 is treated to be validly served. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 467, 468, 471, 420 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.4217 of 2022(4) dt.14-11-2022 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is land dispute between the parties. He submits that title suit is filed by the informant against the petitioner which is pending in the learned court below. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is admitted land dispute between the parties, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 connection with Muzaffarpur Town P.S. Case No. 583 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T