Ramchandra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25620 of 2016 Arising Out of PS.Case No. -729 Year- 2014 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Ramchandra Prasad Singh, S/o Late Balabh Singh, R/o Village- Manikpur, P.S.- Paroo, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar -3 For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-06-2016 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under sections 420, 467, 468, 471 of the Indian Penal Code.

Prosecution case is that the informant, his wife and his son purchased 11 decimals of land from Kamal Singh and Prakash Singh appertaining to Khata No. 205, R.S.Plot No. 236 in 1985. Thereafter in 2014 when the informant went to construct boundary wall of the land in question, then accused persons and others made protest. Thereafter the matter was taken to Sarpanch, who decided that 3' wide passage will be provided to Anjani Kumar Singh and Pankaj Kumar Singh but subsequently, the petitioner executed a sale deed with regard to 2.75 decimals of land of the informant in

Patna High Court Cr.Misc. No.25620 of 2016 (2) dt.28-06-2016 favour of Anjani Kumar Singh and Pankaj Kumar. It is submitted by the learned counsel for the petitioner that 11 decimals of land of Khata No. 205, R.S.Plot No. 236 was recorded in the name of four persons, one of them was Nazir Singh and the petitioner is descendant of Nazir Singh. The vendor of the informant was entitled to transfer only 5 1/2 decimals of land but he transferred 11 decimals of land and the petitioner has transferred his own share of land.

Considering the nature of accusation arising out of share dispute between the parties and the statement in paragraph 3 of the application that the petitioner has no criminal antecedent, let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within a period of twelve weeks from today, 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 the Chief Judicial Magistrate, Muzaffarpur in Town P.S.Case No. 729/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Surendra/- U