Sujeet Kumar @ Dr. Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46226 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- DANAPUR District- Patna ====================================================== SUJEET KUMAR @ DR. SUJEET KUMAR SON OF LATE KEDAR SINGH RESIDENT OF- SGUNA, NAYATOLA, P.S.- DANAPUR, DISTRICT- PATNA,BIHAR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv.
Mr.Priyanka Singh For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Danapur P.S. Case No. 72 of 2024 dated 21.01.2024 registered under Sections 147, 149, 341, 323, 427, 447 & 387 of the I.P.C.
3. As per the F.I.R. lodged on 21.01.2024 the informant has alleged that he is in possession over a piece of land pertaining to Khata No. 323, Plot No. 777, Thana No. 36 measuring 36 Katha situated at Danapur - Khagaul Main Road for the last many years. The informant set up a company in the name and style of Anya Ensycon Pvt. Ltd. with its Director- Mukul Singh and decided to construct a multi storey building on the said land. For
2/4 the purpose of construction of building, the informant's company erected a boundary wall around the land in question. It has further been alleged that petitioner along with others demanded rangdari and assaulted the security guard of the informant and abused him also. On 20.01.2024 when work was in progress upon the land in question suddenly in the night all the five accused persons named in the F.I.R. along with some unknown persons armed with weapons attacked the security guard. The petitioner and others with the help J.C.B. demolished and damaged the boundary wall and the office of the informant.
4. Mr. Y.C. Verma, learned senior counsel for the petitioner submits that petitioner has falsely been implicated in this case to put pressure and black mail the petitioner so that he may leave the land which was purchased by him and his mother. The petitioner and his mother are rightful owner of the land in question which was purchased by four separate sale deeds and one by agreement to sale from the real owner of the land. The details of the sale deeds along with its No. are mentioned in paragraph no. 8 of the bail application. The petitioner has right, title, interest and possession over the land having valid documents but the informant without having any document of title upon the land is trying to grab the land of the petitioner
3/4 with the help of his goons and the builder. The present case gives rise to dispute of civil nature but the same has been given colour of criminal case with oblique motive. The petitioner is a MBBS doctor and a respectful member of the society and he along with his mother has been elected as Ward Councillor of the Danapur Nagar Parishad. The cases described in paragraph no. - 3 of the bail application have been lodged against the petitioner due to land dispute and political reason.
5. Regard being had to the submission made by the parties, taking into consideration the fact that prima facie the petitioner has been able to show his title upon the land in question by producing the sale deeds of the subject land and the allegation in the F.I.R. pertains to the piece of land purchased by the petitioner and her mother, as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Danapur / court concerned in connection with Danapur P.S. Case No. 72 of 2024 subject to the condition as laid down
4/4 under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T