Anant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55700 of 2016 Arising Out of PS.Case No. -139 Year- 2016 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Anant Prasad, Son of Gupteshwar Prasad, Resident of Daudnagar, P.S.- Daudnagar, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 12-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Daudnagar P.S. Case No.139 of 2016 registered under Sections 420, 387 and 506/34 of the Indian Penal Code. The prosecution case is that 2 acres 6 decimals of land is in the name of temple "Sri Shivji Maharaj", situated in Patwa Toli, Bihar, which is also registered under Religious Trust Board, Patwa, Bihar. The informant and 8 other persons, including the petitioner are the members of the Committee of the Temple. One Rajesh Kumar being the Advocate, Supreme Court-cum-Chairman of the International Human Right Commission, New Delhi, the

Patna High Court Cr.Misc. No.55700 of 2016 (2) dt.12-01-2017 2/3 regional office of which is at Bageshwari Road, Powerganj, Bairagi, Gaya, Bihar, sent the notice to the informant and other members of the committee of the temple. The petitioner being the Incharge of the regional office asked the informant and other members of the committee of the temple to come at the regional office and, accordingly, the informant and other members of the committee of the temple reached at the regional office, where Rajesh Kumar and this petitioner asked to settle the dispute of land with one Surendra Prasad and also asked to give 4 Kathas of land of temple and cash Rs.4,00,000/-, otherwise all the members would be implicated.

Learned counsel appearing on behalf of the petitioner submits that, in fact, one Surendra Kumar has filed title suit against the members of the committee of the temple grabbing his land and he also filed complaint case in the court of the Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, in which this petitioner is one of the witnesses, due to that reason, this petitioner has falsely been implicated in this case. Moreover, from perusal of the First Information Report, it would appear that no transaction has been made and the petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the

Patna High Court Cr.Misc. No.55700 of 2016 (2) dt.12-01-2017 3/3 case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Daudnagar P.S. Case No.139 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T