Diplip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13853 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

DIPLIP KUMAR Son of Late Pramod Singh Resident of Village - Indrapur, Beraunti, P.S. - Deepnagar, District - Nalanda. 2.

Amit Kumar Son of Late Pramod Singh Resident of Village - Indrapur, Beraunti, P.S. - Deepnagar, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhilesh Dutta Verma For the Opposite Party/s :

Mr. N. N. Tiwary, APP For the Informant :

Mr. Pankaj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 419/420 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons with conspiracy sold the land of the informant. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.13853 of 2021(2) dt.16-08-2021 2/3 allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. A sale deed was executed by the mother of the petitioner namely Usha Devi. The said sale deed in question is under challenge. The matter relates to civil dispute. The petitioners are said to be witnesses in the said sale deed executed by their mother. Other co-accused has been granted anticipatory bail vide order dated 08.07.2021 passed in Cr. Misc. No. 15008 of 2021.

On behalf of the State and the informant, it is submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 49/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of

Patna High Court CR. MISC. No.13853 of 2021(2) dt.16-08-2021 3/3 eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T