Nand Kishore Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32082 of 2015 Arising Out of PS.Case No. -64 Year- 2013 Thana -PAROO District- MUZAFFARPUR ====================================================== Nand Kishore Mishra son of Late Rajmangal Mishra, resident of villageKolhua, P.S.- Saraiya, District- Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar

2. Sri Ganesh Kumar Son of Late Lallan Prasad, resident of villageMadhusudan Pakri, P.S.- Lalganj District- Vaishali (Presently residing at village- Kolhua P.S.- Saraiya, District- Muzaffarpur) .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pradeep Kumar Sinha, Adv. For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of G.R. No. 920 of 2013, Paroo (Muzaffarpur) P.S. Case No. 64 of 2013, disclosing offences under Sections 406, 420, 467, 468, 469 and 471 of the Indian Penal Code.

Complaint filed by the informant is the basis for institution of the First Information Report, making an allegation that the land which, he had purchased from one Manoj Singh has fraudulently been sold by the present petitioner in connivance with his brother Pramod Mishra to accused no. 2 Pratibha Sinha. Learned counsel for the petitioner submits that the petitioner had right, title and interest over the property, in question, and he had rightly transferred the land in favour of the

Patna High Court Cr.Misc. No.32082 of 2015 (2) dt.14-08-2015 2/2 co-accused Pratibha Sinha, and allegation of fraud and forgery is incorrect. He further submits that the dispute is apparently civil in nature.

In view of the submission as above, this application for anticipatory bail is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, (West), Muzaffarpur in connection with G.R. No. 920 of 2013 arising out of Paroo (Muzaffarpur) P.S. Case No. 64 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Vats/- U T