Upendra Rai v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.14440 of 2015 (2) dt.09-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14440 of 2015 Arising Out of PS.Case No. -218 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Upendra Rai Son of Tribhuwan Rai resident of Village - Fatehpur, P.S. - Aurai, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vishwanath Rai Son of Ram Sakal Rai resident of Village - Fatehpur, P.S. - Aurai, District - Muzaffarpur.

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

There is specific allegation against this petitioner that he executed sale deed impersonating the complainant. No doubt, sale deed has been executed in the year 2005 but it is the specific case of the complainant that he came to know about the above stated fictitious sale deed on 10.11.2012 and after that he filed complaint petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I do not feel it proper to extend the privilege of anticipatory bail to petitioner and accordingly, his prayer for anticipatory bail in connection with Complaint case no. 218/2013 (Tr. No. 4267/2014) pending in the court of Sri Santosh Kumar Jha, Judicial Magistrate, Ist Class, Muzaffarpur/concerned court stands

Patna High Court Cr.Misc. No.14440 of 2015 (2) dt.09-04-2015 rejected.

However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

shahid (Hemant Kumar Srivastava,J) U T