Chandra Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49699 of 2022 Arising Out of PS. Case No.-153 Year-2014 Thana- KESARIA District- East Champaran ====================================================== CHANDRA PRAKASH Son of Arun Kumar Singh Resident of Village - Siswa Patna, P.s.- Kesariya, Distt.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 420, 467, 468, 471 of IPC. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to malafide intention and ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is further stated that both the parties are agnate and there is a land dispute between them. The land bearing Khata No. 259 and 254 Plot No. 2878, 2879 & 2887 are the ancestral land of the petitioner and its come in the share of the petitioner on the basis of family arrangement and

Patna High Court CR. MISC. No.49699 of 2022(2) dt.08-12-2022 2/2 the informant claiming title over the land in question on the basis of forged and fabricated gift deed which he did not produce before the authorities concerned. It is evident from the bare perusal of the FIR itself that there is nothing specific allegation against the petitioner. It has also not been disclosed that out of 14 accused persons who executed the lease deed and in whom favour. Petitioner has two criminal antecedents. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is civil dispute between the parties, 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 six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kesariya P.S. Case No.153 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T