IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17237 of 2009 BAIDHYA NATH PRASAD VERMA Versus STATE OF BIHAR ----------- 3/ 08.07.2009 Heard Mr. K.N. Diwakar, learned counsel for the petitioner and Mr. Dashrath Mehta, APP for the State. The present petition has been filed under section 438 of the Code of Criminal Procedure by the petitioner who was once a service personnel in the Indian Army. Under some scheme of the State Government, the petitioner applied for settlement of some public land in his favour some times in the year 1966. This is not disputed by the petitioner that he was declared a deserter in 1971 and that in spite of that, the settlement order in favour of the petitioner was passed in 1973. Some of the allegations which came out of the documents are that in spite of being a deserter the petitioner did not discontinue his prayer for settlement and that he after having obtained the settlement in spite of not being a service personnel, applied and obtained an order of mutation. During the course of hearing of the petition, a plea was taken by learned counsel by producing a copy of the plaint of T.S. no. 157 of 2009 in which the petitioner is a plaintiff and which has been filed against the State of Bihar and others as defendant seeking simple relief of injunction by directing the defendants not to interfere with the plaintiff’s possession over Schedule I land which is, undeniably, is the land settled by the authorities in favour of the petitioner. The circumstances are many which could indicate that the - 2 - case was properly registered under different sections of the Penal Code and the conduct of the petitioner is quite apprehensible, not deserving to be admitted to anticipatory bail. The petition is dismissed. Anil/ (Dharnidhar Jha, J.)