Raju Prasad @ Rajoo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55761 of 2019 Arising Out of PS. Case No.-651 Year-2013 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.

RAJU PRASAD @ RAJOO PRASAD S/o Bijaya Prasad Resident of Rajanpalli, Butupali, P.S. Boudh, Butupalli Odisha- 762014 2.

Ritesh Kumar S/O Late Rajeshwar Kumar Resident of Nawketan Niwas, Medni Nagar, Nawatoli, Ward No. 14, P.O. and P.S. Daltonganj, Palamu, Jharkhand.

3.

Gurmukh Singh S/O Swarn Singh Resident of Saraiya Distillery, Sardar Nagar colony, P.O. Sardar Nagar, P.S. chauri Chaura, Gorakhpur, U.P. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Shyam Prasad S/o Late Bishwanath Prasad Resident of Mohalla mauna, P.S. Chhapra Town, District- Saran.

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

For the Petitioner/s :

Mr.Dineshwar Mishra For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2019 Heard both sides.

Petitioners apprehend their arrest in Complaint Case No.651 of 2013 for the offence allegedly committed by the petitioners under Section 379 of the Indian Penal Code. The complainant alleged that the petitioners took rent of some portions of the house of the complainant and in the remaining portion of the house of the complainant, some wood were kept but the petitioners committed theft of the wood of the complainant.

Patna High Court CR. MISC. No.55761 of 2019(2) dt.06-09-2019 2/2 Learned counsel for the petitioners submits that no occurrence as alleged by the complainant ever took place. The The petitioners are the tenants in the house of the complainant. The complainant wanted to evict the premises and for that complainant filed the case.

Having considered the facts and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Chapra in connection with Complaint Case No.651 of 2013, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T