Mandleshwar Chaturvedi @ Mandalewhar Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39258 of 2024 Arising Out of PS. Case No.-546 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Mandleshwar Chaturvedi @ Mandalewhar Chaubey S/O late Kanhaiya Chaturvedi R/O Village Mohania, Ward no. 10, P.S. Mohania, Distt-Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sushma Devi W/O- Manoj Kumar Soni Village- Shivpur, P.S.- Mahania, Distt.- Kaimur At Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP For the Informant :

Mr. Avanindra Kumar Jha, Advocate Mr. Anand Kumar Tiwari, Advocate Mr. Nishikant, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mohania P.S. Case No. 546 of 2023 for the offences registered under Sections 447, 384, 386, 354, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, informant had purchased a land from the petitioner and had constructed boundary wall. Informant lives in Ludhiyana. When she came back at the time of Covid she found a building has been constructed on the said land by the petitioner and one Manish

Patna High Court CR. MISC. No.39258 of 2024(3) dt.26-07-2024 2/3 Chaturvedi. It is alleged that they demanded Rs. 10 lacs in lieu of leave the land.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case at the instance of his enemy. It is submitted that petitioner has sold the land in question to the informant and delivered the possession to her, however, brother of the petitioner has filed title suit for cancellation of sale-deed in which petitioner is also one of the defendant. It is further submitted that petitioner has no concern with the land in question which has already been sold by him. He further submits that the dispute is civil in nature and petitioner is already in custody since 29.03.2024. Chargesheet has already been submitted. Petitioner has no criminal antecedent.

5. Learned counsel appearing on behalf of the State and learned counsel for informant oppose the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.39258 of 2024(3) dt.26-07-2024 3/3 learned concerned Court where the case is pending in connection with Mohania P.S. Case No. 546 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T