Rajiv Prasad @ Rajiv Jaipuria v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6543 of 2023 Arising Out of PS. Case No.-246 Year-2020 Thana- ARARIA District- Araria ====================================================== RAJIV PRASAD @ RAJIV JAIPURIA S/o Late Sitesh Chandra Prasad R/o B-44, Nehru, Bihar, Patliputra, P.S.- Patliputra, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2023 Heard Mr. Awadhesh Kumar Singh, learned counsel for the petitioner and Ms. Anita Kumari, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Araria PS Case No. 246/2020 dated 19.03.2020 registered for the offence punishable under Sections 406, 420, 467, and 468 of the IPC.

3. As per First Information Report, in a family partition certain properties were given in the share of the informant. The petitioner along with other accused persons got the mutation of land falling in the share of informant done in their favour.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute. He next submits that the petitioner and others have got

Patna High Court CR. MISC. No.6543 of 2023(2) dt.17-05-2023 2/2 the mutation of land done in their name which fell in their share. The police after investigation has submitted the final form not sending the petitioner for trial which would be evident from Annexure-2. However, the learned Magistrate differing with the police report has taken cognizance against the petitioner.

5. Regards being had to the submissions made by the parties, taking into consideration the civil nature of dispute, police submitted the final form not sending the petitioner for trial, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria PS Case No. 246/2020, subject to the condition as laid down under Section 438(2) CrPC. (Anil Kumar Sinha, J) perwez U T