IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32624 of 2010
JAGDEO PATHAK
Versus
THE STATE OF BIHAR
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2 29.10.2010 Heard learned counsel for the petitioner as well
as learned counsel for the state assisted by learned counsel
for the informant.
Admittedly, petitioner and informant are own
brothers and the allegation against the petitioner is that he
sold the share of informant fraudulently. Admittedly, for
execution of several sale-deeds, two other cases were filed
by the informant apart from the instant case.
Learned counsel for the petitioner points out that
informant got a fraudulent decree in his favour in title suit
No. 191 of 1997 and for setting aside the aforesaid decree,
the petitioner has already filed Title Suit in the court of Sub
Judge, Buxar, so it is a case of land dispute between the two
brothers.
Considering the aforesaid submissions as well as
facts and circumstances of the case, this anticipatory bail
petition is allowed. In the event of arrest or surrender before
the court of Chief Judicial Magistrate, Buxar within 30 days
from the date of receipt of the order, the petitioner, namely,
Jagdeo Pathak shall be released on bail on furnishing bail
bond of Rs 10,000/- (ten thousand) with two sureties of the
2
like amount each in connection with Buxar (T) P.S. Case No.
166 of 2010 subject to condition as laid down u/S 438(2) of
the Cr.P.C.
AKV/- ( Hemant Kumar Srivastava,J.)