Allowed

Vinayendu Shekhar Mishra v. the State of Bihar

Patna HC17 Jan 2023CR. MISC./19123/2022

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner in a criminal complaint regarding alleged cheating and property fraud, subject to an undertaking for correcting land records and furnishing a bond. The court directed the Subordinate Court to release the petitioner if he appears within four weeks.

What did the court decide?

Petitioner released on bail on undertaking to correct land records within four weeks by furnishing bond of Rs. 10,000 with two sureties.

Vinayendu Shekhar Mishra Vs the State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19123 of 2022

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Arising Out of PS. Case No.-48 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna

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======================================================

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VINAYENDU SHEKHAR MISHRA S/o- LATE SIDHESHWAR MISHRA Resident of Village- Digha Near Alpana Cinema Hall, P.S.- Digha, DistrictPatna.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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Pratima Devi W/o Sitesh Kumar Resident of Baluwa, P.S.- Maner, DistrictPatna, Bihar.

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Dhananjay Kumar Tiwary, Adv. For the Opposite Party/s : Mr.Ram Anurag Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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5 17-01-2023 Heard learned counsel for the petitioner, State and

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the informant.

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The petitioner apprehends his arrest in connection with Complaint Case No. 48(C) of 2021 instituted under Sections 323, 341, 448, 406, 120B, 385, 465, 468, 471, 34 and 420 of the Indian Penal Code.

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As per the complaint, the lady has alleged that in 2004, the petitioner had sold a piece of land to her but deliberately, the Plot number was inscribed as 3103 instead of correct Plot No. 3818. It further came to her notice only in 2020 when the said plot was again sold to some other person.

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Learned counsel for the petitioner submits that both

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Patna High Court CR. MISC. No.19123 of 2022(5) dt.17-01-2023 2/3

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the Plot Nos. 3103 and 3818 belong to him and there was no laches on his part inasmuch as the land which was sold to the lady, she is in physical possession and the petitioner undertakes that whatever problem she may face in paper work, he will be cooperating her. It is further submitted by the learned counsel that the petitioner will personally go with the lady-informant to the Circle Office and do the necessary paper work so that the land in question which was sold in 2004 gets mutated in her name.

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Taking into account the fair submission put forward by the learned counsel for the petitioner and to which, the learned counsel for the informant is also agreeable, this Court is inclined to grant him relief of anticipatory bail. If however, he defaults from the undertaking given in Court, the informant shall be at liberty to take steps for cancellation of bail.

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Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Complaint Case No. 48(C) of 2021 to the satisfaction of

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Patna High Court CR. MISC. No.19123 of 2022(5) dt.17-01-2023 3/3

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learned J.M. 1^st Class, Danapur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Rajiv Roy, J)

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Prakash Narayan /Ajay Singh/-

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U T

Vinayendu Shekhar Mishra v. the State of Bihar

Case brief

What is this about?

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Vinayendu Shekhar Mishra v. the State of Bihar

Case brief

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