Upendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69039 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== UPENDRA MANDAL, Aged about 51 years, Male, Son of Late Bhogi Mandal @ Bholi Mandal, Resident of Village Hatiaundha, P.S Bihariganj, District Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2019 Heard both sides.

The petitioner apprehends his arrest in Barhara P.S. Case No.68 of 2019, registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

The informant alleged that he came to know that some persons filed Mutation case to get their names mutated with regard to the lands standing in the name of the informant on the basis of the forged sale deed. The petitioner is said to have filed Mutation Case No.1294R27/2018-19.

Learned counsel for the petitioner submits that the petitioner is not the petitioner of the mutation case. The petitioner never presented any mutation case before the Circle Officer. Somebody has impersonated and forged the signature of

Patna High Court CR. MISC. No.69039 of 2019(2) dt.15-11-2019 2/2 the petitioner and presented the mutation case. The petitioner has no manner of concern with the mutation case. Similarly situated co-accused, Monal Mandal, Gonar Mandal and Nirmal Mandal have been granted anticipatory bail by order dated 23.09.2019, passed in Cr. Misc. No.58890 of 2019. The case of the petitioner stands on the same footing.

Having considered the facts that the petitioner denied to have presented any mutation case with regard to the lands of the informant on the basis of the forged sale deed, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 learned C.J.M., Purnea in connection with Barhara P.S. Case No.68 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T