Sri Bhagwan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4799 of 2023 Arising Out of PS. Case No.-74 Year-2020 Thana- BADHAILA District- Rohtas ====================================================== 1.
SRI BHAGWAN SINGH SON OF LATE SHANKAR DAYAL SINGH R/O VILLAGE- PACHPOKHARI, P.S.- BAGHAILA, DISTRICT- ROHTAS AT PRESENT MOHALLA- JAKKI BIGHA, QUARTER NO.13, LIGHT RAILWAY COLONY AT DEHRI ON-SONE, P.S.- DEHRI, DISTRICTROHTAS 2.
SRI BIRENDRA SINGH SON OF LATE SHANKAR DAYAL SINGH R/O VILLAGE- PACHPOKHARI, P.S.- BAGHAILA, DISTRICT- ROHTAS AT PRESENT MOHALLA- JAKKI BIGHA, QUARTER NO.13, LIGHT RAILWAY COLONY AT DEHRI ON-SONE, P.S.- DEHRI, DISTRICTROHTAS 3.
PRAMOD KUMAR SINGH @ PRAMOD SINGH SON OF SRI BHAGWAN SINGH R/O VILLAGE- PACHPOKHARI, P.S.- BAGHAILA, DISTRICT- ROHTAS AT PRESENT MOHALLA- JAKKI BIGHA, QUARTER NO.13, LIGHT RAILWAY COLONY AT DEHRI ON-SONE, P.S.- DEHRI, DISTRICT- ROHTAS ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uma Shankar Singh For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2023 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Baghaila Police Station Case No. 74 of 2020, dated 10.12.2020, disclosing offences under Sections 406/420/354/ 380/504 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that the original registered sale deed of 04 acres 93
Patna High Court CR. MISC. No.4799 of 2023(2) dt.16-05-2023 2/3 decimals of land in favour of the informant was deposited with the Punjab National Bank as a collateral security by the petitioner no. 1 against the loan of Rs. 10,00,000/-, taken by the petitioner no. 1, being the Karta of the family. It has further been alleged that when the sale deed was demanded back by the informant, the petitioners and others refused to return the sale deed, assaulted the informant and also took away the golden article, worth Rs. 2,00,000/- and odd.
Learned Counsel for the petitioners submits that the petitioners have returned the amount of loan to the Punjab National Bank and a NO Dues Certificate has been issued by the Bank on 22.11.2020. A copy of the No Dues Certificate has been produced during the course of hearing of this case. He further submits that the sale deed in question, which was placed with the Bank as collateral security has been returned to the informant by the petitioners.
Regards being had to the submissions made on behalf of the parties and taking into consideration the statement of learned Counsel for the petitioners that the sale deed pertaining to the land belonging to the informant has already been returned to her after receiving the same from the Punjab National Bank, I am inclined to grant the petitioners privilege of
Patna High Court CR. MISC. No.4799 of 2023(2) dt.16-05-2023 3/3 anticipatory bail.
This application is, accordingly, allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Rohtas, at Sasaram, in connection with Baghaila Police Station Case No. 74 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √