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Patna High CourtCR. MISC./17427/2018bail granted

Brij Bhushan Prasad Singh @ Brij Bhushan Prasad Sinha v. The State Of Bihar

2018-04-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17427 of 2018 Arising Out of PS.Case No. -843 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Brij Bhushan Prasad Singh @ Brij Bhushan Prasad Sinha S/o Late Jagat Prasad Singh, R/o Village- Manjhway, P.S.- Hisua, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prashant Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2018 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the informant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Nawada P.S. Case No. 843 of 2017 arising out of complaint case no. 463 of 2017 for the offences punishable under sections 323, 467, 468, 420, 504 and 34 of the I.P.C.

Allegedly, the petitioner sold the land area 12 decimals which is recorded in the name of Ramlakhan Janki Thakurbari and when Chhotelal Chourasia was filling the land the complainant/informant came to know.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.17427 of 2018 (2) dt.12-04-2018 2/2 petitioner being the Manager of the said Thakurbari sold the land for the benefit of the said Thakurbari as there was necessity to purchase idols, the dispute appears purely of civil nature, sale deed was executed on 25.01.2010 and the complaint petition has been filed on 08.05.2017 and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioner by submitting that the petitioner sold the land of Thakurbari.

In the facts and circumstances stated above, considering the nature of dispute, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Nawada in connection with the aforementioned case, subject to the conditions as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T