Pramod Narayan Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34783 of 2018 Arising Out of PS. Case No.-603 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ========================================== Pramod Narayan Thakur, Son of Late Janardan Thakur, resident of Village- Nandani Post office- Sibaisinghpur, Police StationMohiuddin Nagar, District- Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Zafar Imam, Son of Marhum Gulam,

3. Md. Alimuddin, Son of Marhum Gulam,

4. Md. Ali Imam, Son of Marhum Gulam,

5. Md. Nasimuddin @ Md. Nasim, Son of Marhum Gulam,

6. Md. Aslam, Son of Marhum Gulam, All are resident of VillageNandani, Post office- Sibaisinghpur, Police Station- Mohiuddin Nagar, District- Samastipur.

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv For the Opposite Party/s :

Mr. Sri Rajeev Nayan, APP ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-11-2018 The petitioner, who is the complainant of Case No. 603 of 2016 (T.R. No. 183 of 2016) seeks cancellation of anticipatory bail of O.P. Nos. 2 to 6 which has been granted to them vide order dated 11.04.2018 passed in A.B.P. No. 555 of 2018 by the learned Sessions Judge, Samastipur. From perusal of the order impugned, it appears that anticipatory bail was granted taking into account the

Patna High Court Cr.Misc. No.34783 of 2018(2) dt.19-11-2018 2/2 fact that the petitioner had also filed a Title Suit with respect to the same property vide Title Suit No. 402 of 2014. The learned counsel for the petitioner has however submitted that by virtue of fake and forged rent receipts, the aforesaid bail order was obtained.

The order which has been impugned in the present petition makes it very clear that the main thrust of the order granting anticipatory bail to the opposite parties was the presence of a Title Suit with respect to the same set of property, which is pending adjudication.

No good ground has been made out by the learned counsel for the petitioner for cancellation of anticipatory bail granted to the O.P. Nos. 2 to 6.

The petition is without merits and is therefore dismissed.

(Ashutosh Kumar, J) Shageer/- U T