Om Prakash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54709 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- PARSA District- Saran ====================================================== Om Prakash Sharma, Son of Late Radheshyam Sharma, Resident of Village - Bahlolpur (Bhikhari Chapra), P.S.- Parsa, Dist.- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar & Ors.

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

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 380, 323, 454 and 504 of IPC.

The prosecution case, as per the complaint case of Chandra Kanti Devi submitted to the Station House Officer, Parsa Police Station, is to the effect that on 15.02.2019 at about 07:00 PM, petitioner and three unknown accused persons armed with country made pistol entered into the house of the informant and on the point of pistol, they took her signature forcibly on two stamp papers and two blank papers and when the brother - in - law and sister - in - law came there, then the accused persons pushed them and took away a box containing cash of

Patna High Court CR. MISC. No.54709 of 2019(7) dt.04-03-2020 2/2 Rs. 5000/- and two sarees.

It is submitted by learned counsel for the petitioner that in the background of earlier land dispute, the accusation has been levelled against the petitioner. It is further submitted that for the alleged occurrence of 15.02.2019, the complaint has been filed on 19.02.2019, which came to be registered as a police case after the same being transferred under Section 156(3) of the Cr.P.C. A statement has been made in paragraph no. 3 that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is named in FIR with specific accusation.

Considering the nature of the case and the accusation being levelled in the background of earlier land dispute, coupled with the fact that the petitioner is not having any criminal antecedent.

The provisional bail granted to the petitioner vide order dated 30.08.2019 is hereby confirmed.

(Dinesh Kumar Singh, J.) utkarsh/- U T