Amar Nath Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 58045 of 2024 Arising Out of PS. Case No.-7773 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Amar Nath Pandey Son of Late Parmeshwar Pandey, R/V- MohallaSheikhpura, P.S.- Shashtri Nagar, Distt.- Patna-14 ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Anil Kumar Pandey Son of Late Binda Pandey @ Binda Sharma, R/VVillage/Mohalla- Sheikhpura, P.S.- Shashtri Nagar, Distt.- Patna-14 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narayan Prasad Sinha, Sr. Advocate. :

Mr. Dhaneshwar Prasad Gupta, Advocate.

For the State :

Mr. Jharkhandi Upadhyay, A.P.P.

For the O.P. No.2 :

Mr. Dipak Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2024 Heard learned Senior Counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no.2.

2. The petitioner apprehends his arrest in connection with Complaint Case No.7773 of 2023 instituted under Sections 420, 467, 468, 472 and 120(B) of the Indian Penal Code.

3. As per the complaint case, the father of petitioner and the father of the complainant had purchased a land and they have divided the said property in the year 1986 itself and mutation has also been done in the names of respective parties. The allegation against the petitioner is that the petitioner's father

Patna High Court CR. MISC. No. 58045 of 2024(3) dt.25-09-2024 2/3 had sold some land of property in the year 2011 and the petitioner had also sold the some part of property in the year 2022.

4. Learned senior counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to land dispute. He further submits that the father of petitioner who died in the year 2017 had sold some land in the year 2011 and the petitioner also sold some land in the year 2022 which were in their share. Learned senior counsel submits that the complainant had also filed the title suit which is pending before the concerned Court. He further submits that the petitioner has no criminal antecedent and he undertakes to cooperate in the trial of the case.

5. Learned A.P.P. for the State as well as learned counsel for the opposite party no.2 opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the

Patna High Court CR. MISC. No. 58045 of 2024(3) dt.25-09-2024 3/3 learned Judicial Magistrate 1st Class, Patna in connection with Complaint Case No.7773 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/-Siwani/- U T