Patna High Court - Orders
Birendra Lal Das vs State Of Bihar & Anr on 7 May, 2015
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13541 of 2015
Arising Out of PS.Case No. -776 Year- 2013 Thana -SAHARSA COMPLAINT CASE District-
SAHARSA
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Birendra Lal Das son of Late Madhusudan Lal Das,
.... .... Petitioner/s
Versus
1. The State of Bihar null null
2. Maheshwar Sada, son of Late Pancha Sada,
.... .... Opposite Party/s
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with
Criminal Miscellaneous No.17898 of 2015
Arising Out of PS.Case No. -776 Year- 2013 Thana -SAHARSA COMPLAINT CASE District-
SAHARSA
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1. Shyam Kishore Yadav, son of Late Satya Narayan Yadav
2. Shiv Pujan Rajak, son of Late Jhunnu Rajak
3. Shiv Nandan Gupta, son of Late Jahuri Gupta
4. Ganesh Jha, son of Late Ramrup Jha
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Maheshwar Sada, son of Late Pancha Sada
.... .... Opposite Party/s
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Appearance :
(In Cr.Misc. No.13541 of 2015)
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Pramod Kr.Panday(App)
(In Cr.Misc. No.17898 of 2015)
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Nityanand (App)
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 07-05-2015Heard learned counsels for the petitioners and the State.
The petitioners being Circle Officer, Amin, Halka Karamchari and peon are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420/34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.13541 of 2015 (2) dt.07-05-20152/2
It is alleged against the petitioners being Circle Officer, Amin, Halka Karamchari and peon that he got a 'parcha' of the ancestral land of the informant issued fraudulently in the name of dead person Sirpat Narayan Singh.
It is submitted by learned counsel for the petitioners that petitioner Birendra Lal Das has already retired from service and there is provision of appeal against the order of issuance of 'parcha'.
It is submitted by learned counsel for the complainant that with regard to land of the complainant 'parcha' has been issued but admits that issuance of 'parcha' has already been stayed.
Considering the nature of accusation, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saharsa in connection with Complaint Case No.776 C of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/-
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