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Patna High CourtCR. MISC./62555/2017bail granted

Santosh Kumar Mehariya v. The State Of Bihar

2017-12-21Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62555 of 2017 Arising Out of PS.Case No. -160 Year- 2017 Thana -BAUNSI District- BANKA ====================================================== Santosh Kumar Mehariya, son of Late Phulchand Mehariya, resident of village-Bounsi, P.S. Bausi, District-Banka.

.... .... 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 ---------- 21-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bounsi P.S. Case No.160 of 2017 registered under Sections 341, 323, 467, 468, 420, 504 and 506/34 of the Indian Penal Code. The accusation is that 1 acre 17 decimals land of old Khata No.75, Khesra No.2488 of village-Kasba Mandaar is in the name of Bachchey Jha and Achchey Jha, the ancestors of the informant Manoj Kumar Jha, and the informant and his ancestors, are in peaceful possession over the same. The petitioner alongwith Sunil Kumar Singh and Anuj Kumar Singh under conspiracy with the help of others started construction over the aforesaid land. Learned counsel for the petitioner submits that, in fact, the

Patna High Court Cr.Misc. No.62555 of 2017 (2) dt.21-12-2017 2/2 land in dispute came in possession of Sunil Kumar Singh and Anuj Kumar Singh, both sons of Jainandan Prasad Singh, on the basis of the decision of the title suit. Thereafter, the petitioner purchased some land of Kheshra No.2488, as detailed in the F.I.R., and came in possession over the same but with an ulterior motive, the petitioner has falsely been implicated in this case. Having considered the facts and the circumstances of the 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 Additional Chief Judicial Magistrate-III, Banka,in connection with Bounsi P.S. Case No.160 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T