Tilo Das @ Tilo Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30919 of 2021 Arising Out of PS. Case No.-952 Year-2019 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Tilo Das @ Tilo Tanti S/O Late Rameshwar Das R/O Village-Lakshminia, Barahi Tola, P.S.-SAUR Bazar, O.P. Baijnathpur, District-Saharsa ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Umesh Das S/O Magen Das R/O Village-Lakshminia, Barahi Tola, P.S-Saur Bazar, O.P. Baijnathpur, District-Saharsa.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that after lapse of 19 years, the opposite party no. 2 applied for mutation of the land in the circle office on 11.05.2017. Subsequently, the said Mutation case was dismissed on 27.05.2017 assigning that there is no land

Patna High Court CR. MISC. No.30919 of 2021(3) dt.04-04-2022 2/2 remained in the said plot. The opposite party no. 2 further alleged that the petitioner has also executed deed of gift on 27.01.1988 in favour of his sons in respect of land belonging to his father and uncle. Thus, on the basis of aforesaid allegation the present complaint case has been instituted and after inquiry cognizance has been taken against the petitioner. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts that there is civil dispute between the parties, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 952 (c) of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T