Tripurari Sharan Shrivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18464 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- PALIGANJ District- Patna ====================================================== TRIPURARI SHARAN SHRIVASTAVA Son of Late Upendra Narayan Resident of Laxmi Nagar, P.S.- Darbhanga, District- Darbhanga, at present B105 Prince Apartment, Magistrate Colony, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Kant Kumar, Adv.
For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner as well as learned APP.
The land belonging to Sri Ram Janki Thakurbari Trust has stealthily been transferred in favour of other co-accused by way of forged and fabricated sale deed and on the basis thereof, it has been alleged that mutation has also been effected. Petitioner is the C.O. by whom mutation has been allowed. Simple submission has been made at the end of petitioner is that petitioner has got no authority to challenge genuineness of the sale deed during course of mutation proceeding. Moreover, the sale-deed happens to be of the year 1987 and for that, the case has been instituted in the year 2018 irrespective of the fact that there happens to be a presumption
Patna High Court CR. MISC. No.18464 of 2019(4) dt.12-06-2019 2/2 with regard to registered sale deed.
Learned APP opposed the same.
In the aforesaid facts and circumstances of the case, petitioner, TRIPURARI SHARAN SHRIVASTAVA, in the event of arrest/surrender within four weeks from the date of order, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two securities of the like amount each to the satisfaction of SDJM, Danapur, Patna in connection with Paliganj PS Case No. 11/2019 subject to the condition as laid down under Section 438(2) of the CrPC.
(Aditya Kumar Trivedi, J) perwez U T