Srikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28179 of 2023 Arising Out of PS. Case No.-383 Year-2022 Thana- PARAIYA District- Gaya ====================================================== SRIKANT KUMAR SON OF RAM PRAVESH SHARMA @ PRAVESH SINGH RESIDENT OF VILLAGE-KASTHUA, P.S.-PARAIYA, DISTRICTGAYA ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Priya Ranjan, Advocate Mr. Krishna Pd. Singh, Senior Advocate Mr. Priya Ranjan, Advocate Mr. Nitish Kumar, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and the State.

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

3. It is alleged that this petitioner has executed sale deeds of land in excess of his share. It is further alleged that accused has also sold the share of the informant as well as other share holders.

Patna High Court CR. MISC. No.28179 of 2023(2) dt.14-07-2023 2/3

4. It is submitted that from perusal of the FIR, it is apparent that this case is purely of civil nature. It is next submitted that petitioner had also given an application in pursuance of memo number 977 dated 26.11.2022 to the Circle Officer, Paraiya, Gaya, that Khata No. 97, Plot No. 1014 measuring 93 decimal it was gifted to him by his Phua which was mutated in his name by demand case no. 268 of 03 and revenue is being paid by him and revenue receipts is being issued in his name. Hence, no case is made out under section 420/34 of IPC against the petitioner in this case.

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 learned Judicial Magistrate 1st Class, Gaya in connection with Paraiya P.S. case no 383 of 2022, subject to the conditions laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.28179 of 2023(2) dt.14-07-2023 3/3 Criminal Procedure.

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