Janardan Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32126 of 2015 Arising Out of PS.Case No. -2085 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Janardan Prasad, son of Girish Narayan, Resident of village- Kriouna, P.S.- Govindpur, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar

2. Suresh Kumar Sinha, S/o Late Bhuneshwar Prasad, R/village- Subhadra Sadan, D.V.C. Colony, Jakkanopur, P.S.- Gadarnibagh, Dist- Patna. At present native village- Budhoul, P.S.- Nawadah, District- Nawadah .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Verma, Advocate. For the Opposite Party/s : Mr. Gajendra Pd.Yadav(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No.2085(C) of 2012 for allegedly having committed the offence under Sections 465, 467, 468 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that a farfetched allegation has been made stating that a piece of land which was sold in the year 1970 to the complainant was again resold to accused no.3 and 4 in the year 2011. It is alleged that the petitioner himself had written the deed, which was so registered in the year 1970, and again had written the sale deed

Patna High Court Cr.Misc. No.32126 of 2015 (2) dt.14-08-2015 2/2 for the same piece of land, which is alleged to have been registered in the year 2011. Learned counsel submits that at the relevant point of time i.e., 1970 the petitioner was a student of Class 9 and he had not written any deed; rather name of other person of another village was incorporated in the said deed and because the name of the petitioner is similar to that of other person, the petitioner has been implicated in the present case.

Considering the aforementioned facts and circumstances and that the petitioner has no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Krishna Gopal, learned Judicial Magistrate,1st Class, Patna, in connection with Complaint Case No.2085(C)/12, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T