Chitravijay Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41476 of 2019 Arising Out of PS. Case No.-267 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Chitravijay Shahi, S/o Late Ganesh Shahi R/o village- Ahirwaliya, P.O.- Lagunaha, P.S.- Chautarwa, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shamhu Yadav S/o Late Dukhi Yadav R/o village- Karahiya Basauli, PostParsauna, P.S.- Thakaraha (Bhitaha), District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 267 C of 2018, registered under Sections 406 and 420 of the Indian Penal Code. The accusation is that complainant Shambhu Yadav purchased one bigha five katha land under the Khata No. 85, Khesra No. 607 in village-Karahiya from the petitioner on payment of consideration of Rs. 6,57,000/- and he also got his name mutated, but later on, one Indra Pratap Sahi pattidar of the petitioner started claiming in respect of the said land. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.41476 of 2019(2) dt.05-07-2019 2/2 before execution of the sale deed in respect to the land as detailed in complaint petition by the petitioner in favour of the complainant/O.P. No.2, the sons of Indra Pratap Sahi, namely, Anil Sahi and Vinay Kumar Sahi being agnates of the petitioner had filed Mutation Appeal, but later on, they withdrew the same. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-I, Bagaha, West Champaran in connection with Complaint Case No. 267 C of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T