Sundar Kant Jha @ Sunder Kant Jha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26268 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Sundar Kant Jha @ Sunder Kant Jha Son of Late Sukhdev Jha, Resident of Village- Barahi, P.S.- Nauhatta, District- Saharsa. .... .... Petitioner
Versus
1. The State of Bihar.
2. Bharat Bhushan Jha, Son of Late Phuleshwar Jha, Resident of VillageBarahi, P.S.- Nauhatta, District- Saharsa. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Pramod Mishra, Advocate.
For the Opposite Parties : Mr. Ram Bilash Roy Raman, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2017 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 41C of 2017 registered for the offences punishable under Sections 466, 469 and 34 of the Indian Penal Code. The complainant alleged that the petitioner got the Jamabandi in his name without any order from the Circle Officer. Learned counsel for the petitioner submits that the petitioner has not played any role in getting his name mutated in Jamabandi. It was the duty of the Revenue Clerk who issued rent receipts in the name of the petitioner without obtaining proper order from the Circle Officer.
On the other hand Mr. Mahendra Pathak, learned
Patna High Court Cr.Misc. No.26268 of 2017 (2) dt.13-07-2017 2/2 counsel for the informant opposed the prayer for anticipatory bail. Considering the facts aforesaid and the facts that rent receipt is issued by the Revenue Clerk only after obtaining proper order from the Circle Officer, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa in Complaint Case No. 41C of 2017, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J.) KKSINHA/- U T