Ravindra Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47108 of 2015 Arising Out of PS.Case No. -2153 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Ravindra Prasad aged about 55 years S/o late Pashupati Mahto Resident of Village- Sadalpur , Kumhrar, Ps Alamganj District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Faiyaz Ahmad @ Pappu S/o late Md. Nizamuddin Resident of Daudbigha, P.s Agamkuan, District Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Sharma For the Opposite Party/s : Mr. U.L.Verma(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 215(c) of 2013 registered under Sections 420, 406, 323 and 379 of the Indian Penal Code. The prosecution case is that petitioner, who is the owner of Plot No. 1082 of Khata No. 346 of Mauza Kumharar, Patna, executed the Power of Attorney in favour of complainant for which he took consideration amount of Rs. 3 lacs. When the complainant entered into an agreement to sale in respect to the said land with Md. Irshad, petitioner refused to handover the original documents of the said land and assaulted the complainant

Patna High Court Cr.Misc. No.47108 of 2015 (2) dt.16-10-2015 2/2 and snatched the cash Rs. 4500/- from pocket and accused Ram Dhani Prasad snatched some relevant papers.

Learned counsel appearing on behalf of the petitioner submits that the dispute is of civil in nature and the petitioner has falsely been implicated in this case. It is also submitted that the Title Suit No. 391 of 2013 is also pending in the between the parties for declaration of the rights, title and interest in respect of land in dispute.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 2153 of 2013, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J.) Shail/- U T