Nomani Das @ Nemani Das v. The State Of Bihar

Patna High Court Cr.Misc. No.4201 of 2017 (2) dt.17-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4201 of 2017 Arising Out of PS.Case No. -152 Year- 2016 Thana -RAJIVNAGAR District- PATNA ====================================================== Nomani Das @ Nemani Das, Son of Rupan Das, Resident of Chandar Bihar Colony, Nepali Nagar, Police Station- Rajiv Nagar, Distt- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nawal Kishor Prasad, Advocate. For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rajeev Nagar P.S. Case No. 152 of 2016 registered under Sections 420, 406, 467, 468 and 471 of the Indian Penal Code and 3 of Damage to Public Property Act.

The allegation is of illegal construction over an acquired land.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in the present case. From perusal of the FIR it appears that there is land dispute between the parties and no criminal offence is made out. Also Annexure 2/1 shows that earlier Rajiv Nagar P.S. Case No.

Patna High Court Cr.Misc. No.4201 of 2017 (2) dt.17-02-2017 389 of 2015 was instituted leveling same allegation in which the petitioner has granted bail by the learned Court below. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Patna in connection with Rajeev Nagar P.S. Case No. 152 of 2016 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Prakash/- U T