Kisun Paswan v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8606 of 2019 Arising Out of PS. Case No.-186 C Year-2016 Thana- COMPLAINT CASE District- Jamui ====================================================== Kisun Paswan, son of Chhakori Paswan, resident of Village- Karhari Tand, Police Station- Chandramandih ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vijay Singh, son of Late Mukhtar Singh, resident of Village- Silphari, Police Station- Chandramandih, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 186C of 2016, disclosing offences under Sections 420, 471, 468, 465 of IPC. As per complaint case, the prosecution story is that the land in dispute is the ancestral property of the complainant and he is in peaceful possession over the same, but the petitioner is trying to disrupt the possession of the complainant by making some construction over the land.

Submission of the learned counsel for the petitioner is that the father of the petitioner got the same land on the basis of settlement and as such, out and out the case is purely in civil nature.

Patna High Court CR. MISC. No.8606 of 2019(9) dt.24-09-2019 2/2 Heard learned A.P.P. also.

In this case, earlier notice was issued to the opposite party no.2, but the notice was received by the brother of the opposite party no.2. A petition for jointness has been filed by the petitioner, but nobody appears on behalf of opposite party no.2. Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of Sri Manish Kumar Pandey, learned Judicial Magistrate, 1st Class, Jamui, in connection with Complaint Case No. 186C of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T