Daya Kant Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51794 of 2017 Arising Out of PS. Case No.-203 Year-2016 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Daya Kant Jha, Sono f Late Jagdanand Jha, Resident of Village-Lahta, P.S.- Manigachi, District-Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Durga Nand Jha For the Opposite Party/s :

Mr. SRI SHAILENDRA KUMAR -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Ghanshyampur P. S. Case No. 203 of 2016 registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code.

Allegedly, co-accused Sunil Kumar Rai got payment of Rs. 5 lakhs in land acquisition case on the basis of false genealogical table and land possession certificate granted by the petitioner and superior officer.

Submission is of false implication and that genealogical table and L.P.C. are being granted on the basis of verification report granted by Revenue Clerk and accordingly, land possession certificate has been granted. Admittedly, Sunil Kumar Rai has got share in that land and the informant is

Patna High Court Cr.Misc. No.51794 of 2017(3) dt.15-12-2017 2/2 claiming the land on the basis of panchnama. Co-accused Sunil Kumar Rai has already been admitted to pre-arrest bail vide Cr. Misc. No. 31559 of 2017 and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that due to fault of the petitioner and in his collusion and conspiracy co-accused Sunil Kumar Rai has succeeded in getting the compensation of the land.

In the facts and circumstances stated above, considering that co-accused Sunil Kumar Rai has been admitted to pre-arrest bail, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Biraul, Darbhanga in connection with Ghanshyampur P. S. Case No. 203 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T