The Patna High Court, in an oral order, granted anticipatory bail to the petitioner apprehending arrest in a criminal case involving cheque-related offences and damage to public property, subject to bond conditions.
Anticipatory bail granted on furnishing bond of Rs. 10,000 with two sureties, to surrender within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16404 of 2021
Arising Out of PS. Case No.-316 Year-2020 Thana- RAJIVNAGAR District- Patna
======================================================
Dr. Pro. Ram Mohan Singh @ Ram Mohan Singh Son of Bishwambhar Dayal Singh Resident of Village - Keshri Nagar, Road No.17B, P.S.- Rajiv Nagar, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Mr. A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 14-12-2021
Heard learned counsel for the petitioner and
learned APP for the State.
Learned counsel for the petitioner is expected
to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 470, 471 of the Indian Penal Code and Section 3 of the Prevention of Damage to
Patna High Court CR. MISC. No.16404 of 2021(2) dt.14-12-2021 2/3
Public Property Act.
It is alleged by the informant that while the
informant was inspecting the land acquired by the Housing Board in Rajiv Nagar area, he found that this petitioner was constructing work upon second floor of the house. The State Government has restricted any construction on the land which was acquired by the Housing Board, Bihar.
It is submitted by learned counsel for the petitioner that the allegation against the petitioner is false and concocted. During raid, neither any labourer nor mansion nor anyone connected with the construction was either apprehended at the site. It is further submitted that the present case is purely a civil dispute and the informant has no such authority in the light of
Digha Acquired Land Settlement Act, 2010 to lodge a criminal case against the petitioner.
In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or
Patna High Court CR. MISC. No.16404 of 2021(2) dt.14-12-2021 3/3
surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Rajiv Nagar P.S. Case No. 316 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging construction on acquired land involving offences under Sections 420, 467, 468, 470, 471 IPC and Section 3 of the Prevention o
3 provisions across 3 enactments
Dr. Pro. Ram Mohan Singh @ Ram Mohan Singh
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
