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Patna High CourtCR. MISC./43129/2014bail granted

Upendra Kumar Shrivastava v. The State Of Bihar

2015-05-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43129 of 2014 Arising Out of PS.Case No. -2577 Year- 2011 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Upendra Kumar Shrivastava, Son of Late Shukhdeo Prasad Shrivastava, Resident of Village - Kaithwalia, P.O. - Sasamusa, P.S.- Kuichaikot, District - Gopalganj.

.... .... Petitioner

Versus

1. The State of Bihar

2. Deb Raj Raut, Son of Late Mangal Raut, Resident of Kaithwalia, P.O. - Ssamusa, P.S.- Kuichaikot, District - Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Kumar Sinha, Advocate.

For the Opposite Parties : Mr. Renuka Ratnakar(App) For the Informant : Mr. Ranjeet Kumar Pandey, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 2577 of 2011, corresponding to Trial No. 1802 of 2014, registered for the offences punishable under Sections 420, 465 and other Sections of the Indian Penal Code.

The complainant made allegation that Bipin Bihari Shrivastava forged a deed of sale in order to grab the land of Survey Plot No. 521, Khata No. 37, Area 8 Kattha, 7 Dhurs. It is submitted that no specific allegation is made against the petitioner. Bipin Bihari Shrivastava and Bachchan Prasad Shrivastava were arrested and that is why their prayer for anticipatory bail was dismissed. A Title Suit No. 704 of 2012 is

Patna High Court Cr.Misc. No.43129 of 2014 (3) dt.20-05-2015 2/2 also pending with regard to the same land.

There appears that the dispute is of civil nature. No specific allegation is made against the petitioner. Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in Gopalganj Complaint Case No. 2577 of 2011, corresponding to Trial No. 1802 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T