Jai Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87384 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== JAI PRAKASH MANDAL S/o Kailash Mandal Resident of Sabour, P.S.- Sabour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-02-2020 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 341, 323, 467, 468, 471, 420, 406 and 34 of the Indian Penal Code. The dispute arises out of execution of sale deeds in respect of a piece of land. The informant claims to have purchased the land in the name of his wife and it is alleged that the persons named in the FIR were found demolishing the boundary wall raised around the said land, claiming their right on the basis of another sale deed fraudulently got executed in their favour.

Learned counsel for the petitioner submits that the occurrence took place on 28.02.2019 but the FIR has been

Patna High Court CR. MISC. No.87384 of 2019(2) dt.19-02-2020 2/2 lodged on 16.04.2019 and there is no explanation for the said delay. He submits that there is no specific overt act against the petitioner. He further submits that similarly situated co-accused has been granted bail by coordinate Bench of this Court in Cr. Misc. No. 48630 of 2019 dated 05.08.2019.

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.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Sabour Police Station Case No. 121 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) devendra/- U T