Ratneshwar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65255 of 2019 Arising Out of PS. Case No.-964 Year-2011 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ratneshwar Pandey, aged about 70 years (Male), S/o Late Shiv Saran Pandey, R/o village- Bhado, P.S.- Aurai, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amaresh Kumar Mishra, S/o Shubhaglal Mishra, R/o village- Kanta, P.S.- Gaighat, District- Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Neeraj Kumar Alias Sanidh, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Complaint Case No. C-964/2011 in which cognizance has been taken against the petitioner by learned Magistrate. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case merely on the basis of the fact that he allegedly conspired with Khush Nandan Pandey who executed a sale-deed in favour of a wrong person relating to a land belonging to the complainant. Learned counsel further submits the fact that the police after investigation submitted final form against the petitioner and others not sending him for trial and the same was accepted by

Patna High Court CR. MISC. No.65255 of 2019(2) dt.05-11-2019 2/2 the learned Magistrate, however, on the protest petition the cognizance has been taken against the petitioner and others. Learned counsel further submits that there is no direct allegation against the petitioner that he executed the sale-deed in favour of some other persons pertaining to a land belonging to the informant/complainant.

Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner is neither a vendor or identifier of the sale-deed, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M. 15th at Muzaffarpur, in connection with Complaint Case No. C-964 of 2011, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U