Dayanand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50262 of 2023 Arising Out of PS. Case No.-419 Year-2021 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== DAYANAND PRASAD SON OF RAM JIVAN PRASAD @ RAMJIWAN PRASAD R/O-BATHANI, P.S.-NEEMCHAK BATHANI, DISTT.-GAYA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PARMANAND PRASAD SON OF SRI RAMJIVAN PRASAD @ RAMJIWAN PRASAD R/O-BATHANI, P.S.-NEEMCHAK BATHANI, DISTT.-GAYA. AT PRESENT RAILWAY KARMCHARI, MASUDAN STATION, MALDA STATION, WEST BENGAL ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 419 of 2021, registered for the offences punishable under Sections 467, 468 and 471 of the Indian Penal Code.

3. As per allegation, the complainant namely Parmanand Prasad alleged that the petitioner Dayanand Prasad as one of his full brother among four and in the year 2009 with mutual consent, partition has been held with their consent for which a panchnama was prepared. According to partition, a

Patna High Court CR. MISC. No.50262 of 2023(2) dt.11-08-2023 2/2 shop came in his share but after some while, a forged document of partition was prepared by this petitioner and grabbed the shop by pasting counterfeit signatures. The alleged shop was given on rent to Pramod Kumar, that was got vacated by petitioner after breaking the lock. On oppose made by his father, the petitioner assaulted and threatened him.

4. The learned counsel for the petitioner has submitted that the petitioner and the complainant are own brothers and the complaint petition shows itself that there is property dispute between both of them. The petitioner is a person of clean antecedent.

5. Considering the above-mentioned facts and circumstances, 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 A.C.J.M.-X, Gaya in connection with Complaint Case No. 419 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T