Ram Pravesh Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23546 of 2015 Arising Out of PS.Case No. -256 Year- 2014 Thana -BAKHRI District- BEGUSARAI ======================================================
1. Ram Pravesh Poddar S/o Basudev Poddar resident of village- Sonma, P.S. Bakhari, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in Bakhari P.S. Case No. 256 of 2014 registered under sections 420, 467, 468, 471, 120B of the Indian Penal Code. The prosecution story in brief is that Om Prakash Singh lodged a written report before the officer in charge of Bakhari Police Station stating inter alia that he is a doctor residing and practicing at Muzaffarpur. His family members reside at home, his ancestral land at Khata No. 247, Kheshra No. 1746 area one Bigha at village Sonma P.S. Bakhari, Dist. Begusarai. He has in peaceful possession before the vesting of Zamindari land and has been mutated and the rest is being paid
Patna High Court Cr.Misc. No.23546 of 2015 (2) dt.06-07-2015 2/3 regularly without any obstruction. From the aforesaid land he got fifteen katha and purchased five katha vide deed no. 247 dated 1.12.2981 from the co sharers Damodar Singh @ Bhuttu Singh and is coming his peaceful possession and paying rent regularly. On 26.05.2014 and 27.05.2014 Murari Prasad Singh executed sale deed in favour of accused persons including the petitioner in which Jata Shankar Singh and Awadhesh Prasad are witnesses and Md. Abuddulla. Further been alleged that on 23.06.2014 he received certified copy of the sale deed from Registration office Bakhari and found that the land has been sold only Rs. 4.5 lakhs (Rupees four lakhs and fifty thousand only) at the actual cost the land is 20 lakhs. The aforesaid vendees are not in possession and try to get the possession on the point of arms and ammunition committing bloodshed.
On behalf of the petitioner it has been submitted that from perusal of the first information report it appears that the dispute is of civil nature and it cannot be resolved in a criminal case. It is further submitted that other co-accused have been granted bail vide Cri. Mis. Nos. 10121/15, 14513/15, 8086/15. So far as the petitioner is concerned, he is not the one who has executed the sale deed rather he is the purchaser of the land. The person who is said to have executed the sale deed is Murari Pd. Singh.
Patna High Court Cr.Misc. No.23546 of 2015 (2) dt.06-07-2015 3/3 On behalf of the State it has been submitted that the petitioner is named in the first information report. Considering the fact that petitioner has not executed the sale deed rather he is only purchaser of the land, the above named petitioner in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate , Begusarai in Bakhari P.S. Case No. 256 of 2014, subject to the conditions as laid down under section 438(2) Cr.P.C.
(Sudhir Singh, J) M.Rahman/- U T