← Library
Patna High CourtCR. MISC./26560/2024bail granted

Kabindra Kumar Mishra v. The State Of Bihar

2024-06-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26560 of 2024 Arising Out of PS. Case No.-80 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== Kabindra Kumar Mishra SON OF LATE BHAGWAN PRASAD MISHRA RESIDENT OF VILLAGE- JAWARIPUR, PS- TILKAMANJHI, DISTBHAGHALPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Ghosarvey, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 420, 504, 506 and 34 of the Indian Penal Code .

3. As per the prosecution case , co-accused Md. Aziz under the conspiracy registered the sale deed illegally in favour of this petitioner Kabindra Mishra .

4. Learned counsel for the petitioner submits that petitioner is retired professor of Law College , Bhagalpur as well as an advocate of Bhagalpur Civil Court and he is bonafide purchaser of the land. He got the land registered in his favour after payment of due consideration money. The entire

Patna High Court CR. MISC. No.26560 of 2024(3) dt.25-06-2024 2/2 allegation is against other co-accused persons so far as this petitioner is concerned he has falsely been implicated in this case merely because he is purchaser. The dispute is purely civil in nature and no criminal offence is made out against this petitioner. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named 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 the learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. case No. 80 of 2018 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T