Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66978 of 2022 Arising Out of PS. Case No.-707 Year-2021 Thana- DIGHA District- Patna ====================================================== Basant Kumar S/O Sri Ram Swarup Kushwaha Resident Of Village- Bansh Kothi, Digha Ghat, P.S.- Digha, District- Patna. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 420/34 and other ancillary sections of the Indian Penal Code.

As per the prosecution case, petitioner is a middle man and a piece of land was purchased by the informant through this petitioner which is disputed one for which Title suit is pending in the Court. It is further stated that the petitioner was also witness to the said sale deed. Informant has further alleged that the accused persons demolished the boundary wall of the plot and got erected new boundary wall and on query petitioner and co-accused Harendra Ram demanded Rs.5 lacs for making the said land dispute free.

Patna High Court CR. MISC. No.66978 of 2022(4) dt.14-03-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is merely a business man has nothing to do with the dispute. As a matter of fact, no title dispute is pending with respect to the said land. That apart, at best the matter can best be said to of civil nature. Petitioner has got no criminal antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above 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 the Sub Divisional Judicial Magistrate, Patna in Digha Police Station Case No. 707 of 2021/GR No.8103 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T