Dharohar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17745 of 2019 Arising Out of PS. Case No.-1016 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Dharohar Prasad, aged about 39 years, Male, Son of Late Nawleshwar Prasad, Resident of Village Bhopatpur, Tola Ahirauliya, P.S. Kotwa (Bhopatpur), Distt. East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raghunath Mahto, Son of Bhagwan Matho, Resident of Village Bhopatpur, Tola Ahirauliya, P.S. Kotwa (Bajhiya), Distt. East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-03-2019 Heard both sides.

Petitioner apprehends his arrest in Complaint Case No. C-1016 of 2017, for the offences allegedly committed by the petitioner under Sections 323, 420, 467, 468 and 120-B of the Indian Penal Code.

The gist of the allegation is that the petitioner and others after taking into collusion the staff of Record Room got inserted the name of Pragas Koiri in the record of rights along with Ram Bilash Koiri.

Learned counsel for the petitioner submits that Ram Bilash Koiri and Pragas Koiri are full brothers. The complainant is the grandson of Ram Bilash Koiri and petitioner along with

Patna High Court CR. MISC. No.17745 of 2019(2) dt.27-03-2019 2/2 others, Upendra Prasad Kushwaha, Birendra Prasad and Surendra Prasad are the grandsons of Pragas Koiri. Partition Suit No.330 of 2017 is also pending between the parties. Taking into consideration the facts aforesaid and the fact that the dispute appears to be of civil nature, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VIII, East Champaran at Motihari in connection with Complaint Case No. C-1016 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T