Indradeo Prasad And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11024 of 2016 Arising Out of PS.Case No. -23 Year- 2015 Thana -KAUAKOL District- NAWADA ======================================================

1. Indradeo Prasad son of Late Tetar Sahu

2. Rajendra Lal s/o Late Kali Charan Lal

3. Mahendra Lal S/o Late Kali Charan Lal All are resident of village & P.S.- Kowakol, District- Nawada .... .... Petitioners

Versus

1. The State of Bihar

2. Srikant Singh son of Late Balgovind Singh and Late Guru Prasad Singh, Sewait Sri Durga Maharani and Sri Kali Maharani, Durgamandap, village and city- Kowakol, P.s.- Kowakol, District- Nawada .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ajay Kr Singh No.1, Advocate For the Opposite Parties : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Learned counsel for the petitioners seeks permission to withdraw the application with regard to petitioner nos.1 and 2, namely, Indradeo Prasad and Rajendra Lal, the same is dismissed as withdrawn so far as petitioner nos.1 and 2 are concerned. Heard learned counsel for the petitioner no.3, namely, Mahendra Lal and learned counsel for the State. The petitioner no.3, namely, Mahendra Lal is apprehending his arrest in connection with Kowakol P.S. Case No. 23 of 2015 pending in the Court of CJM, Nawada for the offences instituted under Sections 323, 341, 504, 379, 420, 467, 468 and 471 of the Indian Penal Code.

The allegation against the accused persons is that the accused Madan Mohan Verma has got registered deed of 5.5. decimal land by the help of Madan Singh which land is belonging to Durga Maharani Trust. It is further alleged that the accused was trying to occupy the land and the informant forbidden thereafter the accused persons assaulted the informant.

It has been submitted on behalf of the petitioner no.3, namely, Mahendra Lal has got no criminal antecedent. Petitioner Mahendra Lal has falsely been implicated in the present case. There is no substantive piece of evidence to show regarding the implication of this petitioner. The matter relates to civil dispute. On behalf of the State, it has been submitted that the petitioner no.3 Mahendra Lal is named in the FIR and the informant is the Sewait of the religious trust. The property of the trust was being taken by the accused persons on the basis of the fabricated documents.

Considering the aforesaid facts and circumstances of the case, I am not inclined to release the petitioner no.3, namely, Mahendra Lal on anticipatory bail, the same is rejected. Anyhow, if the petitioner no.3, namely, Mahendra Lal surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being

prejudiced by this order.

(Sudhir Singh, J) B.Kr./- U T