IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30222 of 2010
NAVNEET KUMAR GUPTA, SON OF LATE VIJAY KUMAR
GUPTA, RESIDENT OF MOHALLA GASBAL CHOWK, PURANI
GUDRI BETTIAH, POLICE STATION BETTIAH TOWN,
DISTRICT BETTIAH(WEST CHAMPARAN).
Versus
THE STATE OF BIHAR .
-----------
02. 07.10.2010 Heard learned counsel for the petitioner, the State and the
counsel for the informant.
Petitioner is apprehending his arrest in connection with a
case lodged by his cousin for the offence under Sections 448, 427, 380
of the Penal Code alleging removal of various items from his shop.
For the same shop a title suit bearing No.93 of 2008-09 is pending,
plaint whereof is contained in Annexure-3 to his application. In the
plaint a genealogical table has been given, wherefrom it appears that
Sri Swami Nath Prasad is the common ancestor of the petitioner and
the informant Dharmendra Kumar.
Counsel for the informant submitted that after forcible
removal of the various items from his shop a petition has been filed in
the title suit requesting the civil court for restoration of the property
removed by the petitioner. On the petition for restoration of the items
removed from the shop filed by the informant till date no final order
has been passed. In the circumstances, until final disposal of the
petition filed by the informant alleging removal of the property from
the shop in question, no coercive steps be taken against the petitioner,
but it is made clear that if mandatory injunction restoring the property
is allowed in favour of the informant petitioner should surrender in the
-2-
court of Chief Judicial Magistrate, Bettiah in connection with Bettiah
Town P.S. Case No.407 of 2008 and apply for regular bail, which
should be considered in accordance with law.
This application is, accordingly, disposed of.
Rajesh/ (V.N. Sinha, J.)