Shiv Narayan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59705 of 2021 Arising Out of PS. Case No.-1638 Year-2015 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== SHIV NARAYAN THAKUR Son of Late Jivan Thakur, Resident of Village - Nawabganj, P.S.- Manihari, Distt.- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jay Prakash Narayan Singh Son of Late Bajrangi Singh, Resident of Village - Nawabganj, P.S.- Manihari, Distt.- Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 1638 of 2015 registered for offence punishable under sections 420, 467 and 468 of the Indian Penal Code.

As per allegation, the petitioner had encroached the land of one Smt. Subodhani Devi, who inherited the dispute land from her father Late Babulal Singh.

The learned counsel for the petitioner has submitted that it is a dispute of civil nature and said Babulal Singh had given that land to the present petitioner and they are coming in possession

Patna High Court CR. MISC. No.59705 of 2021(2) dt.12-07-2022 2/2 over the disputed land. He has submitted further that in Land Dispute Case No. 123/14-15, D.C.L.R., Manihari, vide his order dated 19.03.2012, had held the possession of the petitioner over the dispute plot. That order has been annexed as Annexure-2 to the bail petition.

Considering the above-mentioned facts and circumstances, it appears to be a case of civil nature, as such, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Katihar in connection with C.A. Case No. 1638 of 2015, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T