Rajiv Prasad @ Pinku @ Rajeev Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14253 of 2017 Arising Out of PS.Case No. -103 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Rajiv Prasad @ Pinku @ Rajeev Prasad Son of Krishnanand Prasad Resident of Village - Sanhauli, Police Station - Khagaria (Chitragupta Nagar), District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 103 of 2017 registered under Sections 307, 379, 504/34 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner submits that the F.I.R. is lodged after four days of the alleged occurrence and there is no injury report of the incident. Further submission is that on perusal of Annexure nos. 2 to 5 to the supplementary affidavit, it appears that petitioner earlier filed a Complaint Case no. 87(c) of 2009 against the accused persons, who tried to grab his ancestral property fraudulently, but they

Patna High Court Cr.Misc. No.14253 of 2017 (2) dt.21-04-2017 2/2 could not succeed. Thereafter, petitioner has also filed Khagaria P.S. Case No. 418 of 2016 against the informant and others for obtaining forged decree with intention to grab the land of the petitioner. Before filing of the present case, petitioner also filed two informatory petitions, which was duly corroborated with the documentary evidence. Due to that reason, he has falsely been implicated in this case by the informant.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Khagaria in connection with Khagariya (Chitragupta Nagar) P.S. Case No. 103 of 2017 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T