Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27240 of 2019 Arising Out of PS. Case No.-390 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Anil Kumar, Son of Baidyanth Singh, Resident of Village - Bishunpur, Kesho, P.S.- Minapur, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Baidyanath Singh, Son of Late Adhin Singh, Resident of Village - Bishunpur, Kesho, P.S.- Minapur,O.P - Panapur, Distt - Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pradeep Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. C-390 of 2018, Trial No. 2094 of 2018, disclosing offences under Sections 447, 420, 467, 468, 34 of IPC.

Allegation as per complaint petition is that 3.5 decimal of land, khata no.222, khasra no.1140 settled in the name of Ram Sundar Rai, grandfather of the complainant and the complainant, which he got on the basis of judgment and decree passed in a Title Suit No.95 of 2000 but the petitioner get the sale deed executed from son of the complainant without giving consideration money.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.27240 of 2019(3) dt.16-07-2019 2/2 that he is son of the complainant and he has also share in the ancestral property and as such, no offence is made out against him and the dispute is civil nature. Considering the same the other accused persons have been granted anticipatory bail, vide order dated 17.12.2018 passed in Criminal Misc. No.59373 by a Co-ordinate Bench of this Court.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Complaint Case No. C-390 of 2018, Trial No. 2094 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T