Sudhir Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20795 of 2023 Arising Out of PS. Case No.-62 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== SUDHIR KUMAR JHA SON OF LATE KASHI KANT JHA R/O SHREEKHANDI BHITTA, P.S.- SURSAND, DISTRICT- SITAMARHI843331, BIHAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PRAKASH KUMAR JHA SON OF LATE VIJAY KANT JHA @ TARA KANT JHA R/O VILLAGE- MAKUNAHIYA, P.S.- SURSAND, DISTRICT- SITAMARHI, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishal Kumar Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-07-2024 Heard.

2. The present application has been filed for cancellation of order dated 19-01-2023 passed in 51572 of 2022 by which, the opposite party No. 2 was granted anticipatory bail.

3. It is an admitted fact that both the parties are lineal descendants of the same common ancestor. Both of them are claiming their right and title over the disputed property. The petitioner claims his title on that land on the basis of partition which had taken place between the parties in the year, 1964 whereas the opposite party No. 2 Prakash Kumar Jha denies that

Patna High Court CR. MISC. No.20795 of 2023(9) dt.23-07-2024 2/2 partition. The opposite party No. 2 has also challenged the Mutation order passed in favour of the petitioner before the Additional District Magistrate.

4. Considering the aforesaid facts and circumstances, I do not find any reason to interfere with the order dated 19-012023 passed in Cr. Misc. No. 51572 of 2022 whereby the opposite party No. 2 was granted anticipatory bail.

5. With the above observations, the present Cr. Misc. application is dismissed.

(Nawneet Kumar Pandey, J) A.K.V.//- U T