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Patna High CourtCR. MISC./35840/2017allowed

Ajay Kumar v. The State Of Bihar

2017-09-22Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.35840 of 2017 (3) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35840 of 2017 Arising Out of PS.Case No. -96 Year- 2017 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Ajay Kumar Son of Late Ram Pyare Prasad, Resident of Mohalla- Patel Nagar Bhaisaur Ward No. 25 Bihar Sharif, P.S.- Laheri, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Prasad For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Rajgir Police Station Case No. 96 of 2017, disclosing offences under Sections 467, 468, 471 and 420 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the allegation of adding 11 decimals land in the established Jamabandi of Kashi Chaudhary in the year 2014-15 without following the procedure of mutation is totally false and fabricated as the petitioner at the relevant point of time was posted in Ben Anchal and the matter relates to

Patna High Court Cr.Misc. No.35840 of 2017 (3) dt.22-09-2017 Rajgir Anchal, this fact has also been supported by letter No. 287 dated 11.03.2017 issued by LRDC, Rajgir. Moreover, no cogent material has come against the petitioner during course of investigation, which is clearly evident from Case Diary. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharshariff, in connection with Rajgir Police Station Case No. 96 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T