Surendra Prasad Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65600 of 2019 Arising Out of PS. Case No.-1138 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== SURENDRA PRASAD VERMA Son of Late Ram Kripal Mahto Resident of Ghaghra, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Arbind Sharma Son of Chhattu Sharma Resident of Village - Ghaghra, P.S.- Bakhri, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 467, 323, 504 of the Indian Penal Code.

The accusation is that accused Rajendra Prasad Verma along with other co-accused sold Khatiani land of opposite party no. 2 Arvind Sharma in favour of accused Smt. Urmila Devi and Parmila Devi without any right and title. Other accused Manoj Prasad and Jitendra Rai put their signature as witness on the sale deed. Thereafter, they started to construct the house. When the

Patna High Court CR. MISC. No.65600 of 2019(2) dt.14-11-2019 2/3 complainant/opposite party no. 2 Arbind Sharma made protest then accused Smt. Urmila Devi and Parmila Devi disclosed that they have acquired the land through the sale deed. Learned counsel for the petitioner submits that, in fact, the land as detailed in complaint petition has recorded in the name of father of accused Rajendra Prasad Verma, accused Mahendra Prasad Verma and Surendra Prasad Verma and land was sold to accused Smt. Urmila Devi and Parmila Devi and they got mutated their name in the revenue record. Moreover, the dispute as detailed in the complaint petition is civil in nature. Learned counsel for the petitioner further submits that coaccused have been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 16718 of 2019 on 20.06.2019.

In the facts and circumstances of the case, 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 receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V-cum-Sub Judge-III, Begusarai in connection with Complaint Case No. 1138 (c) of 2018, subject to the

Patna High Court CR. MISC. No.65600 of 2019(2) dt.14-11-2019 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure (Anjani Kumar Sharan, J) devendra/- U T