Akhilesh Prasad Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3872 of 2023 Arising Out of PS. Case No.-687 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.
Akhilesh Prasad Srivastava Son Of Shiv Kumar Prasad Srivastava Resident Of Village- Jagiraha, P.S.- Turkauliya, District- East Champaran 2.
Bibha Devi Wife Of Late Mukesh Kumar Verma Resident Of VillageGopalpur, Motihari, P.S.- Motihari Town, District- East Champaran 3.
Deepak Kumar @ Dayashankar Prasad Son Of Late Awadh Kishore Prasad Resident Of Village- Parshurampur, P.S.- Turkauliya, District- East Champaran, Presently Resident Of Mohalla- Chandmarhi Ekauna, Motihari, P.S.- Motihari Town, District- East Champaran 4.
Ekta Sinha Wife Of Sanjeev Kumar Sinha Resident Of VillageParshurampur, P.S.- Turkauliya, District- East Champaran, Presently Resident Of Mohalla- Azadnagar, Motihari, P.S.- Motihari Town, DistrictEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the State :
Mr. Rabindra Kumar For the Informant :
Mr. Sanjay Kr. Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code pending in the learned court below.
Allegation against the petitioners is that the accused persons after knowing the fact that the said land is in the share
Patna High Court CR. MISC. No.3872 of 2023(2) dt.06-04-2023 2/3 of the informant prepared/sale out the property in their name. Hence this FIR.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner no.1 & 3 is the conspirator, petitioner no.2 is the identifier and petitioner no.4 is the purchaser of the said land. He submits that there is civil dispute between the parties. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State along with learned counsel for the informant oppose for prayer for bail and submits that petitioner no.1 & 3 is the main conspirator and they are the land mafia. They further submit that the said land sold by the coaccused Sanjeev Kumar Sinha. Hence, they do not deserve anticipatory bail.
Considering the aforesaid facts and circumstances and the fact that there is civil dispute between the parties, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with
Patna High Court CR. MISC. No.3872 of 2023(2) dt.06-04-2023 3/3 two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Motihari Town P.S. Case No.687/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T