Pawan Kumar Chaudhary @ Pawan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78862 of 2018 Arising Out of PS. Case No.-259 Year-2014 Thana- MITHANPURA District- Muzaffarpur ====================================================== PAWAN KUMAR CHAUDHARY @ PAWAN CHAUDHARY Son of Late Ram Chandra Chaudhary, Resident of Village - Kanhauli, B.M.P. -6, P.S.- Mithanpura, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 This application, for grant of anticipatory bail, arises out of Mithanpura P.S. Case No. 259 of 2014, disclosing offences under Sections 406, 467, 468, 471 and 420B/34 of the Indian Penal Code.

Allegation is that informant purchased 2 katha and 12 dhurs of land from power attorney holders i.e. co-accused and petitioner and got executed the sale deed in favour of his daughter in law and the assurance was given by the petitioner and co-accused that the land is free from any dispute but later on he came to know that brother of land owner, namely, Sazad has also got his share in the above land.

Submission of learned counsel for the petitioner is that he is the uncle of co-accused and they are engaged in

Patna High Court Cr.Misc. No.78862 of 2018(2) dt.11-01-2019 2/2 business of sale and purchase of land. Further submission is that there is no dispute in the land and the informant has got the land mutated and the real fact is that owner of the land adjacent to the land of the informant is trying to grab some part of the land of the informant and due to which, this case has been lodged by the informant.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, 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) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, East Muzaffarpur, in connection with Mithanpura P.S. Case No. 259 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U