Abhishek Swarup v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40218 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== ABHISHEK SWARUP Son of Late Anil Swaup Resident of Bhagirathi Lane, Mahendru, P.O. and P.S.- Sultanganj, District - Patna, Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Nath For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Sultanganj P.S. Case No. 24 of 2022 registered for the offence under sections 406, 420, 467, 341, 323, 379, 504, 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. Both the parties are relatives that there is property dispute between them. Petitioner has not played any fraud. This case has been falsely lodged with intention to grab the property. The informant threatened the petitioner of dire consequences and abused him and in that connection petitioner filed a complaint vide Annexure-P3. Petitioner also filed an information petition

Patna High Court CR. MISC. No.40218 of 2022(5) dt.09-02-2023 2/2 before the Court of Chief Judicial Magistrate, Patna vide Annexure-P4. Petitioner also served a legal notice on the informant vide Annexure-P5. As a matter of fact, the petitioner has acquired legal tile of the said house through a compromise decree by order dated 30.12.2006 (Annexure-P6) passed by the then Presiding Officer of the permanent Lok Adalat to whom the matter was referred in Title Partition Suit No. 132 of 2006 filed by the informant. The dispute involved between the parties is purely civil in nature.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, VI, Patna City, Patna in connection with Sultanganj P.S. Case No. 24 of 2022 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

mcv/- (Arvind Srivastava, J) U T