Lalan Verma @ Lalan Prasad Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28849 of 2024 Arising Out of PS. Case No.-1440 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== LALAN VERMA @ LALAN PRASAD VERMA S/O LATE CHANDRADEO VERMA R/O VILLAGE- JALALPUR, P.S- TEKARI, DISTT.- GAYA.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

PRABHAT SAURABH S/O LATE CHANDRADEO VERMA R/O VILLAGE- JALALPUR, P.S- TEKARI, DISTT.- GAYA, PIN CODE824235. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh, Advocate For the Opposite Party/s :

Ms/Mrs. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 323, 418/406 of the Indian Penal Code.

3. As per the prosecution case, petitioner fraudulently sold land of the complainant to one Deepak Raj dated 31.03.2022 bearing C.S. Plot no-2640 (old) RS Plot no4855(New) under R.S.Khata no-183, Measuring-7.5 decimal Thana no-44.

4. Learned counsel appearing for the petitioner submits that the petitioner and the complainant are full brothers. They have land dispute and complainant has filed Title Suit No.

Patna High Court CR. MISC. No.28849 of 2024(6) dt.09-01-2025 2/2 554 of 2022. Land in question belongs to the petitioner. Complainant had filed mutation appeal before the court of Additional Collector, Land Reforms, Tekari, Gaya vide Appeal No. 81/221-22. Said appeal has been dismissed on 1.12.2022 (annexure P2). Dispute is of civil nature and no criminal case is made out against the petitioner.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, 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 Judicial Magistrate 1st class, Gaya in Complaint Case No. 1440/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T