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Patna High CourtCR. MISC./37814/2018bail granted

Rajesh Kumar Gupta v. The State Of Bihar

2018-07-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37814 of 2018 Arising Out of PS.Case No. -253 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Rajesh Kumar Gupta S/o Late Mohan Lal Gupta, aged about 51 Years, R/o Shivala Road, P.S.+District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brajendra Nath Pandey, Advocate For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned A.P.P.

The petitioner seeks anticipatory bail in connection with Khagaria P.S.Case No. 253 of 2018, G.R. No. 1080 of 2018, registered for offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

Allegation against the petitioner is of placing the wrong facts and evidences in different ceiling cases along with wrong family genealogy showing himself as a one individual unit to grab the Government land in his favour.

Submission of the learned counsel for the petitioner is that the date has been mentioned in the ceiling proceeding by his late father and not by him and the petitioner has no knowledge about any proceeding relating to Land Ceiling cases Nos. 186/73 and 193/74 and was never a party to the proceeding.

Patna High Court Cr.Misc. No.37814 of 2018 (3) dt.03-07-2018 2/2 It is also submitted that this case is purely of civil in nature. It is also submitted that the case has been instituted against him only because previously the petitioner has instituted a Contempt petition against the District Collector and for that reason, the present case has been lodged.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Khagaroa P.S.Case No. 253 of 2018, G.R. No. 1080 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Khagaria, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T