Bijendra Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42544 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- RAJIVNAGAR District- Patna ====================================================== Bijendra Singh, S/o Harisharan Singh, Resident of Anand Bhawan, Ashokpuri Road, Khajpura, P.S. Shastrinagar, District - Patna. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Housing Board, Patna.

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate.

For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rajeev Nagar P.S. Case No. 136 of 2018 registered under Sections 420, 467, 468, 469, 470 and 471/34 of the Indian Penal Code and Section 3 of Public Property Damage Act.

The accusation is that, in course of inspection by police official of Rajiv Nagar Police Station, the boundary wall over a piece of land acquired by Bihar Stae Housing Board the said land was being constructed under the supervision of Munsi Sravan Kumar, Ram Shevak Chauhan and Ramanand Pandit. On query, Munsi Sravan Kumar disclosed that boundary wall is being constructed by petitioner, Bijendra Singh, who was not there. As such, petitioner on the basis of forged documents tried to capture the land of Bihar State

Patna High Court Cr.Misc. No.42544 of 2018(2) dt.19-07-2018 2/2 Housing Board.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not apprehended at the spot rather Munsi Sravan Kumar disclosed the name of petitioner. The petitioner has no concerned with the piece of land which is said to be acquired by the Bihar State Housing Board in Rajiv Nagar. Only on the basis of statement of Munsi Sravan Kumar, who was present at the place of occurrence, petitioner has falsely been implicated in this case without verifying the truth.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Patna, in connection with Rajeev Nagar P.S. Case No. 136 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T