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.)