Mahant Sagar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49363 of 2014 Arising Out of PS.Case No. -86 Year- 2014 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Mahant Sagar Das Chela of Mani Ram Das, Resident of Chakdiwan, Shekhpura, P.S- Shekhpura, District- Shekhpura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Bhakta For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-04-2015 Heard both sides.

The petitioner apprehends his arrest in Sheikhpura P.S. Case No. 86 of 2014 registered under sections 406, 409, 420, 467, 468, and 471/120(B) of the Indian Penal Code.

The gist of the case is that petitioner being Mahant of Udasin Ashram of Chakdiwan was intending to execute sale deed to different persons. It is alleged that the petitioner had no authority to sale the land.

It is submitted that the dispute is very old. The Bihar Religious Trust Board intervened in the peaceful possession of Mahant Harikishun Das. Mahant Harikishun Das filed Title Suit No. 65/60 against the Bihar Religious Trust Board which was

Patna High Court Cr.Misc. No.49363 of 2014 (3) dt.07-04-2015 2/3 decreed in favour of the then Mahant and the Bihar Religious Trust Board was restrained from interfering in the suit premises of the then Mahant. The Bihar Religious Trust Board filed Titale appeal annexure-3. The appeal of the Bihar Religious Trust Board was dismissed. Thereafter the State of Bihar interfered with the peaceful possession of the petitioner and the petitioner filed C.W.J.C. No. 16103 of 2006 as the Registrar was not registering the sale deed. The petitioner moved before this Court for quashing the first information report but the same was dismissed vide order dated 22.09.2014 passed in Cri. Misc. No. 12822 of 2014 with a direction to the investigating officer to conclude the investigation positively within a period of four months.

It appears that the petitioner has got the judgment of title suit No. 65 of 1960 affirmed by this Court as far back as in the year 1964 by which it was held that the property is private one and the Bihar State Religious Trust Board has no concern with the same. Considering the aforesaid facts, the above named petitioner in the event of his arrest or surrender before the court below within a period of four weeks from today is directed to be enlarged on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.49363 of 2014 (3) dt.07-04-2015 3/3 Sheikhpura P.S. Case No. 86 of 2014 subject to the conditions as laid down under section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) M.Rahman/- U T