Prakash Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51572 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== PRAKASH KUMAR JHA S/o Late Vijay Kant Jha @ Tara Kant Jha R/o Village- Makunahiya, P.S.- Sursand, Dist- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Sursand P.S. Case No. 62 of 2022, registered for the offences punishable under Sections 420, 468, 467, 471, 120 (B)/34 of the Indian Penal Code.

As per allegation, the petitioner executed the sale deed of the land belonging to the informant.

The learned counsel for the petitioner submits that the petitioner and the informant are lineal descedants of the common ancestor and they are the co-sharers of the land. The

Patna High Court CR. MISC. No.51572 of 2022(2) dt.19-01-2023 2/2 partition has not taken place between them. He has submitted further that, as a matter of fact, the informant, by misrepresentation, has got his name mutated in the revenue records of the land belonging to the petitioner and in this respect, mutation order has been challenged in the court of A.D.M. The petitioner is a person of clean antecedent. It appears nothing but a dispute of civil nature. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri, Sitamarhi in connection with Sursand P.S.

Case No. 62 of 2022, subject to the conditions 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 provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-Nirmal U T