Girish Kumar Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55839 of 2015 Arising Out of PS.Case No. -54 Year- 2013 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Girish Kumar Mishra, S/o Late Ugra Nand Mishra R/o- Kiul Garhara, P.S.- Garahara (Barauni) Dist- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Umesh Thakur, S/o Late Jagdeo Thakur R/o Sahpur, P.S.- Begusarai Muffasil Dist- Begusarai.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. A.K.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 467 of the Indian Penal Code.

The prosecution case is of executing the sale deed of the land of the complainant.

It is submitted by the learned counsel for the petitioner that the petitioner is the nephew of the complainant and in the background of share dispute the accusation has been levelled. Though the learned Sessions Judge disposed of the application on the ground that only summons has been

Patna High Court Cr.Misc. No.55839 of 2015 (2) dt.09-12-2015 issued in non bailable offence, but vide order dated 01.04.2015 non-bailable warrant has been issued. Co-accused Sunil Thakur has been granted bail vide Cr. Misc. No. 29221 of 2015. Considering the aforesaid facts, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Rameshwar Mishra, Judicial Magistrate, Ist Class, Begusarai in connection with Complaint Case No. 54-C of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T