Bharat Rai @ Bharat Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54146 of 2018 Arising Out of PS. Case No.-233 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Bharat Rai @ Bharat Lal S/o Sri Shiv Dayal Rai, R/o Vill.- Sandha, P.S.- Chapra Muffasil, District- Saran at chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Binod Singh For the Opposite Party/s :
Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-09-2018 Heard learned counsels for the petitioner and the State.
Petitioner apprehends arrest in connection with Chapra Muffasil P.S. Case No. 233 of 2018 registered for the offence punishable under sections 384, 386/34 of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case due to admitted land dispute between the parties. The land in question was of one Jai Mangal Rai who was in valid possession of the aforesaid land vide Land Possession Certificate issued by the concerned Circle Officer as contained in Annexure-2. Petitioner purchased the aforesaid land from him vide sale deed contained in Annexure-3. As a matter of fact, the informant and
Patna High Court Cr.Misc. No.54146 of 2018(2) dt.12-09-2018 2/2 his family members wants to grab the said land and in that connection they started some construction on the land to which the present petitioner had objected and only due to that he was made accused in another case bearing Muffasil P.S. Case No. 165 of 2016 vide Annexure-4. It is further submitted that the dispute involved between the parties is purely civil in nature for which Title Suit No. 441 of 2016 is also pending between the parties.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 233 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.
(Arvind Srivastava, J) mcv/- U T