Manish Kejariwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53718 of 2019 Arising Out of PS. Case No.-443 Year-2018 Thana- BUXAR District- Buxar ====================================================== Manish Kejariwal, Son of Radhey Shyam Kejariwal, Resident of Satya Enclave, 507, B Block Near Reliance Mart, Lake Avenue Road, Kanke, Misirgonda, @ Pahargonda, Ranchi University, P.S.- Kanke, Distt - Ranchi, Jharkhand.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bimlendu Shekher Thakur For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-09-2019 This is an application for grant of anticipatory bail in connection with Buxar (Town) P. S. Case No. 443 of 2018, disclosing offences under Sections 420, 467, 468, 487 and 120B of IPC.

Allegation against the petitioner is that he has sold the land of Khata No. 459, Khasra no. 1882 and 05 Katha, 05 Dhurs in favour of one Manoj Singh and Manoj Singh wanted to grab the said land.

Submission of the learned counsel for the petitioner is that the land has been sold by the brother of the petitioner and he has falsely been implicated in this case. Further submission is that the first appeal is pending before this Court. Heard learned A.P.P. as well as learned counsel appearing on behalf of the opposite party no.2, they have

Patna High Court CR. MISC. No.53718 of 2019(3) dt.16-09-2019 2/2 submitted that with respect to the land, a title suit has been preferred by the petitioner and his brother and the same was dismissed and thereafter, they have preferred the first appeal before this Court and the same was dismissed in default and thereafter, a restoration was also allowed. Further submission is that the land has been sold to Manoj Singh on 28.12.2012 knowing that the matter is pending in the first appeal that shows the intention of the petitioner and the sale deed shows that petitioner and his brother have sold the land to Manoj Singh, who forcibly grab the land.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit, without being prejudiced by order of this Court.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T