Jagdish Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66941 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- COMPLAINT CASE District- Sheohar ====================================================== Jagdish Prasad, Male, aged about 62 years, Son of Late Ash Narayan Sah Resident of Village - Sarsaulla Khurd, P.S.- Sheohar, Dist.- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sanjeev Kumar Gupta Son of Late Satya Narayan Prasad Resident of Village - Sarsaulla Khurd, P.S.- Sheohar, Dist.- Sheohar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Verma For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel appearing for the complaintant. Petitioner apprehends his arrest in connection with Complaint Case No. C1-155/2018 in which cognizance has been taken for the offences punishable under Sections 420, 467, 468, 471, 120B/34 of the Indian Penal Code.

Accusation against this petitioner is that he, fraudulently in collusion with other accused, got executed sale deed dated 11.6.2001 in respect of lands of the complainant but submission on behalf of the petitioner is that the petitioner has been implicated in this case on account of land dispute and

Patna High Court CR. MISC. No.66941 of 2019(2) dt.27-11-2019 2/2 previous enmity and as a matter of fact Title Suit No. 21/2007 was pending between the parties much prior to institution of the complaint case and, moreover, the petitioner is not participant in the aforesaid sale deed.

Although, learned counsel appearing for complaint opposed the prayer for anticipatory bail but considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that above named petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail 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, Sheohar/concerned court in Complaint Case No. C1-155/2018 (Tr. No. 1037/2019 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T