Narayan Kumar Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43261 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Narayan Kumar Mallik S/o Raghubir Mallik Resident of Mohalla- Lohiya Nagar P.S.- Sahayak, District- Katihar.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Kunal Rai, Son of Gaya Dhar Pal, Resident of Vill-Rajpur, P.S.-Sabour, District - Bhagalpur.

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

For the Petitioner/s :

Mr. Vinay Ranjan, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420 and 34 of the Indian Penal Code.

The Court initially was inclined to grant anticipatory bail to the petitioner in view of the pleadings made in the anticipatory bail application that petitioner after entering into an agreement for sale with the informant got the land of the land owner executed in his favor but then the same is not substantiated by any documentary evidence, thus the Court does not feel persuaded to extend the privilege of anticipatory bail application of the petitioner.

Patna High Court CR. MISC. No.43261 of 2022(3) dt.26-06-2023 2/2 Learned counsel for the petitioner, at this stage, submits that when the said pleading was made in the anticipatory application, at that time the document was not with him but then the learned counsel for the informant points out that the case was filed on 18.08.2022 and the matter is being taken up on 26.06.2023. Had there been any registry of the land in question, then definitely the said document by now would have been placed on record.

The prayer for anticipatory bail of the petitioner is thus rejected.

(Satyavrat Verma, J) Rishi/- U T