Paras Nath Tiwari @ Parshnath Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68859 of 2018 Arising Out of PS. Case No.-655 Year-2018 Thana- Bhabhua District- Bhabhua (Kaimur) ====================================================== Paras Nath Tiwari @ Parshnath Tiwary, S/o Ram Sihasan Tiwari, Resident of Village- Silri P.S.- Bhabua, District- Kaimur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Bhabua P.S. Case No.655 of 2018 registered under Sections 420, 467, 468, 504 and 120B of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that initially a complaint was filed which was referred to the police under Section 156(3) of the Code of Criminal Procedure for investigation pursuant to which FIR has been instituted. He admitted that the case of the complainant is that one Shyam Mushar had sold the alleged piece of land to Ram Dhani Mushar. So far as the petitioner is concerned, he is only a witness to the alleged registry of land and is not beneficiary in any manner. He contended that the present case is a civil dispute

Patna High Court Cr.Misc. No.68859 of 2018(2) dt.19-12-2018 2/2 and title over the land can only be determined by a court of competent jurisdiction.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Considering the nature of allegation made against the petitioner and the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No.655 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md. S/- U T