Single Judge granted anticipatory bail to the petitioner with compellable court fees to be deposited within four weeks of order, with sureties in Section 438(2) CrPC case.
Petitioner to be released on anticipatory bail upon depositing court fee and furnishing bonds with sureties 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.8604 of 2020
Arising Out of PS. Case No.-4 Year-2019 Thana- BUXAR District- Buxar
======================================================
Chandra Bhushan Praveen S/O- Ramji Ram Resident of Village - Shreepur, P.O. - Kahen, P.S.- Aayer, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 25-01-2022
Heard learned counsel for the petitioner,
complainant 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, 409, 120(B) of the Indian Penal Code.
The petitioner has been made an accused in the
aforesaid case on the ground that the land in question is
Patna High Court CR. MISC. No.8604 of 2020(3) dt.25-01-2022 2/3
a Kaisare Hind, but wrongly the jamababdi has been created in the name of Church with the connivance of
the Circle Officer and thereby they have acted beyond their authority.
It is submitted by learned counsel for the petitioner that after the mutation case, a title suit vide Title Suit No. 25 of 1997 was filed and thereafter, the judgment and decree was passed in Title Appeal No. 38 of 1998 and there is an order of this Court in Civil Revision No. 1558 of 2003 and Second Appeal No. 54 of 2001 and on the basis of the outcome of Second Appeal No. 54 of 2001, the revenue receipt has been issued in favour of the Church. He has further submitted that the action has been taken on the basis of the judgment passed in Civil Suit which is binding on all and
it is completely no wrong to all. Moreover, other coaccused has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 17.06.2019 passed in Cr. Misc. No. 36765 of 2019.
Patna High Court CR. MISC. No.8604 of 2020(3) dt.25-01-2022 3/3
Considering the aforestated facts, let the
petitioner, above named, in the event of his arrest or 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, Buxar in connection with Town (Buxar) P.S. Case No. 04 of 2019,
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 pending trial in a case alleging offences under Sections 420, 409 and 120(B) of the IPC.
1 provisions across 1 enactments
Chandra Bhushan Praveen
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
