Lalo Mukhiya And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6391 of 2016 Arising Out of PS.Case No. -1752 Year- 2013 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Lalo Mukhiya

2. Chhote Lal Mukhiya Both are sons of Anandi Mukhiya Resident of Village - Pachadhi Police Station Sonbarsa Raj, District - Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ashok Kumar Singh Son of Late Ganganand Singh resident of Radhanagar, Police Station - Raghopur, District - Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Maharaj For the Opposite Party/s : Mr. Uma Shankar Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-02-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 420, 467, 468 and 120B of the Indian Penal Code.

The prosecution case is that the father of co-accused Dinesh Prasad Singh, Umesh Prasad Singh, Ramesh Prasad Singh and Mahesh Prasad Singh sold nine acres of land

Patna High Court Cr.Misc. No.6391 of 2016 (2) dt.10-02-2016 2/2 through registered sale deed on 20.03.1982 to the complainant. Subsequently on 26.04.1994 the complainant sold some part of the purchased land to one Bhola Mandal, but it appears that the aforesaid four accused persons sold the same land in favour of the petitioners, Anil Mistri and Basudeo Mukhiya. It is submitted by learned counsel for the petitioners that the petitioners are bonafide purchasers and their vendors claim that they have sold their share of land. Considering the thrust of accusation against vendor of the petitioners, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Saharsa in connection with Complaint Case No. 1752 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.