Ramnarayan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1481 of 2020 Arising Out of PS. Case No.-382 Year-2019 Thana- PIPRA District- East Champaran ====================================================== 1.

Ramnarayan Tiwari Son of Baijnath Tiwari Resident of Village- Gawandra, P.S.- Chakia, District- East Champaran.

2.

Shri Narayan Tiwari Son of Baijnath Tiwari Resident of Village- Gawandra, P.S.- Chakia, District- East Champaran.

3.

Ramesh Thakur @ Ramesh Kumar Thakur Son of Late Lachhandeo Thakur Resident of Village- Sariyatpur, P.S.- Pipra, District- East Champaran. 4.

Kundan Kumar Son of Arun Kumar Resident of Village- Sariyatpur, P.S.- Pipra, District- East Champaran.

5.

Bhushan Thakur Son of Late Mundrika Thakur Resident of VillageSariyatpur, P.S.- Pipra, District- East Champaran. 6.

Guddu Devi @ Guddi Devi Wife of Ramesh Thakur @ Ramesh Kumar Thakur Resident of Village- Sariyatpur, P.S.- Pipra, District- East Champaran.

7.

Raju Thakur Son of Ekbir Thakur Resident of Village- Sariyatpur, P.S.- Pipra, District- East Champaran.

8.

Bipul Kumar Son of Ramesh Thakur @ Ramesh Kumar Thakur Resident of Village- Sariyatpur, P.S.- Pipra, District- East Champaran. ... ... Petitioners

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party :

Mr.Ajay Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

Informant alleges that the petitioners and other accused persons got executed forged documents with intention to put hindrance on the easement of mutated land of the informant.

Learned counsel for the petitioners submits that the petitioners Ramesh Thakur, Bhushan Thakur and Kundan Thakur have purchased the land through registered sale deeds

Patna High Court CR. MISC. No.1481 of 2020(2) dt.24-02-2020 2/2 dated 25.9.2019 from one Ram Narayan Tiwari, total measuring an area of 8 katha out of 15 katha 3 dhurs after paying full consideration money, whereas the informant has purchased the land from stranger having no right and title for which a Title suit No.324/2019 is going on. Petitioners have got no criminal antecedent.

Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in Pipra Police Station Case No. 382 of 2019, on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T