Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39866 of 2019 Arising Out of PS. Case No.-94 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== Tuntun Kumar, Aged about 35 years, Male, Son of Late Nand Kishor Singh, Resident of Village Rasulpur Sohawan, Police Station Bhagwanpur in the district of Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2019 Heard both sides.

Petitioner apprehends his arrest in Bhagwanpur P.S. Case No.94 of 2018, registered under Sections 447, 341, 323, 308, 427, 504, 379 and 34 of the Indian Penal Code. The informant alleged that when he reached at his house, the informant saw the accused persons taking sand, chips, bricks from his darwaza. The accused persons are alleged to have assaulted the informant. The petitioner is said to have assaulted the informant with stick on his head. Learned counsel for the petitioner submits that the present case was registered on 02.06.2018. Prior to institution of the present case, the petitioner filed complaint case on 02.01.2018 in which the petitioner made allegation that the

Patna High Court CR. MISC. No.39866 of 2019(2) dt.28-06-2019 2/2 informant in collusion with other accused persons got into existence the fraudulent sale deed with regard to his land and on account of this, the informant filed the present case. The allegation of assault against the petitioner is false. Taking into consideration the facts that prior to institution of the present case, the petitioner filed complaint case making allegation against the informant and others that they got a sale deed in existence after playing fraud, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No.94 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T