Kumar Prabhakar @ Prabhakar Singh ( Director D Pro Foundation Pvt. Ltd) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83216 of 2019 Arising Out of PS. Case No.-905 Year-2017 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Kumar Prabhakar @ Prabhakar Singh, (Director D' PRO FOUNDATION PVT. LTD), S/o Ashok Kumar Singh R/o Mohalla- G.C. Banerjee Lane, Mundhichak, P.S.- Tilkamanjhi, District- Bhagalpur, Bihar ... ... Petitioner

Versus

1.

The State of Bihar 2.

Kamal Nayan Prasad S/o Ranjan Mandal Resident of Chauki Niyatpur, Kali Sthan Lane, P.S.- Nathnagar, District- Bhagalpur ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Krishna Gupta For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-03-2020 A Supplementary affidavit has been filed on behalf of petitioner, let it be taken on the record.

Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in custody since 16.05.2019 and seeks bail in connection with Kotwali (Jogshar) P. S. Case No.905 of 2017 registered for the offences punishable under Sections 419, 420, 467, 468, 471 of the I.P.C.

Patna High Court CR. MISC. No.83216 of 2019(5) dt.19-03-2020 2/3 The accusation against the petitioner is that he executed registered sale deed in respect of Khata No.423, Khesra No.5789 of village-Puraini, District- Bhagalpur in favour of informant on 06.04.2015, but subsequently, when informant went for mutation, he was informed that the petitioner had no valid title over the said land.

Learned counsel appearing for the petitioner submits that even if prosecution story assumed to be true, then also it is a case of civil nature and moreover, the informant has already got mutated his land, which is evident from annexure attached with the supplementary affidavit.

Learned counsel for the petitioner further submits that so far allegation of selling of some lands to other persons is concerned, the aforesaid plot is a big plot having more than 17 decimal area and only part of the aforesaid plot was purchased by the informant.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioner, above named, 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 Mr. Shailesh Kumar Ram, learned 1st Class, Judicial Magistrate-V, Bhagalpur/ successor Court in

Patna High Court CR. MISC. No.83216 of 2019(5) dt.19-03-2020 3/3 connection with Kotwali (Jogshar) P. S. Case No.905 of 2017. (Hemant Kumar Srivastava, J) vikash U T