In a criminal miscellaneous petition, the Patna High Court directed the petitioner to surrender to the court below and disposed of the matter, allowing the lower court to decide the bail petition on its own merits.
Petitioner directed to surrender; criminal miscellaneous petition disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16856 of 2020
Arising Out of PS. Case No.-41 Year-2019 Thana- MAIN P.S. District- Gaya
======================================================
SATENDRA SHARMA @ SATYENDRA SHARMA S/o Basant Singh R/o village- Gangati, P.O. and P.S.- Main, District- Gaya
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Narendra Kumar Singh For the informant : Mr. Ramakant Sharma, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
9 15-12-2021
Heard learned counsel for the petitioner as well as the
learned APP for the State assisted by learned counsel for the informant.
The petitioner apprehends his arrest in connection with Main P.S. Case No. 41 of 2019 registered for the offences punishable under Sections 419, 420, 406, 467 and 34 of the Indian Penal Code.
Informant Basant Singh is father of the petitioner. He levelled allegation that his son, the petitioner has mutated his name in the revenue records after filing Mutation Case No. 3286 of 2012-13 on false averments and showing the informant as dead and after getting the mutation order in his favour showing the informant dead, he ousted the informant and his own son
Patna High Court CR. MISC. No.16856 of 2020(9) dt.15-12-2021 2/3
from the house.
Learned counsel for the petitioner has submitted that the allegation against him is false and frivolous. He has further submitted that on 18.12.2012 he has filed an application before the anchal adhikari, mentioning therein that a partition has been taken place in family and all the family members are satisfied with that partition and the parties are in possession in terms of the compromise. Learned counsel for the petitioner has also submitted that even all the allegation levelled in the FIR are presumed to be true, the petitioner was given benefit by the police of the provision of Section 41(1)(a) of the Code of Criminal Procedure.
Learned counsel for the informant has submitted that the petition dated 18.12.2012 filed by the petitioner before the anchal andhikari itself shows the intention of the present petitioner that during the lifetime of his father he has filed false and frivolous application that all the parties were agreed to the partition without getting the signature of his father on that petition.
Considering the aforementioned fact and circumstances, petitioner is directed to surrender before the court below and court below shall dispose of the bail petition of
Patna High Court CR. MISC. No.16856 of 2020(9) dt.15-12-2021 3/3
the present petitioner on its own merits. The learned court below under its own discretion shall consider the relevant judicial precedent of this Court or Hon’ble the Supreme Court.
With these observations, the petition is being disposed
of.
(Nawneet Kumar Pandey , J)
SONALI/-
U T
1 issue framed by the court
Whether the petitioner apprehending arrest should be directed to surrender for disposal of bail petition on merits.
1 provisions across 1 enactments
Satendra Sharma @ Satyendra Sharma
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
