Laxman Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15830 of 2015 Arising Out of PS.Case No. -26 Year- 2015 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Laxman Giri Son of Late Manshi Giri Resident of Village - Shambhu Chak, Police Station - Kalyanpur, District - East Champaran,(Motihari). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 448, 144, 341, 342, 323, 420, 406, 504 of the Indian Penal Code.

It is alleged that petitioner being the own brother of the informant took Rs. 6,000,00/- for transferring 7 katha and 8 and 1/2 dhurs of land, but neither the land was transferred in favour of the informant nor money was returned.

It is submitted by the learned counsel for the petitioner that informant being the own brother of the informant want to grab the share of the petitioner who is

Patna High Court Cr.Misc. No.15830 of 2015 (2) dt.16-04-2015 a retired Cr.P.F. person has lodged the case maliciously. It is further submitted that the petitioner earlier filed an Informatory Petition No. 1084M of 2014 on 21.11.2014 as well as Complaint Case No. 2674 of 2014 against the informant when the Title Suit is also pending before the parties. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or 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 the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Kalyanpur P.S. Case No. 26 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

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