Hariom Prasad @ Hariom Shahi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1502 of 2018 Arising Out of PS. Case No.-17 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Hariom Prasad @ Hariom Shahi, Son of Rajnandan Prasad @ Rajnandan Shahi, Resident of Village- Mohachhi Nain, Police Station- Gopalpur, Anchal- Chanpatia, District- West Champaran, at present resident of VillageDesua, P.O. Bhagwanpur Desua, Police Station- Ujiyarpur, DistrictSamastipur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Dr. Vijay Nandan Shahi, Son of Late Sharda Prasad Shahi, Resident of Village- Mohachhi Nain, Police Station- Gopalpur, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. SRI ANIL KUMAR SINGH 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the IPC.

The prosecution case is that the petitioner transferred the land of the share of the informant in favour of co-accused Suresh Mahato on the basis of forged identification. It is submitted by learned counsel for the petitioner that the petitioner is the son of step brother of the informant. The land was in the share of the petitioner and hence he executed the sale deed. Initially, Partition Suit No. 69 of 2007 was filed by the

Patna High Court Cr.Misc. No.1502 of 2018(2) dt.11-01-2018 2/2 informant which has been dismissed for default and on this pretext that the lands are in his share, he has lodged five cases with similar accusation, out of which in three cases, the petitioner is on bail.

Considering the nature of accusation arising out of civil dispute, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 17 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T