Muktinath Tiwary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4304 of 2019 Arising Out of PS. Case No.-295 Year-2016 Thana- GOVINDGANJ District- East Champaran ======================================================

1. Muktinath Tiwary Son of Late Bishwanath Tiwary, Resident of VillageSujayatpur, P.S. Govindganj, District- East Champaran.

2. Santosh Tiwary @ Santosh Kr. Tiwary Son of Mukti Nath Tiwary, Resident of Villalge- Sujayatpur, P.S. Govindganj, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The petitioners are in custody in connection with Govindganj (Areraj O.P.) P.S. Case No. 295 of 2016 for the offences under Sections 406, 420, 467, 468, 471, 120(B) of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent and they are in custody since 25.10.2018, with reference to prosecution he submits that petitioners and another co-accused have registered sale deed on 18.08.2015 in the name of the wife of Muktinath Tiwary namely Indu Devi for consideration money of Rs.4,62,000/- when the

Patna High Court Cr.Misc. No.4304 of 2019(2) dt.28-01-2019 2/2 informant wanted to construct the boundary of the said purchased land, then objection was raised by one Suresh Tiwary that the petitioner has got forged document in the name of his wife.

Referring to para 10 learned counsel for petitioners submit that 2.5 dhur land was executed by Muktinath Tiwari in favour of the Sanjay Singh husband of informant and 55 thousand rupees was returned to the informant's husband in the Panchayat dated 16.10.2016 and petitioner has also returned the amount of Rs.1,15,000/- to the husband of the informant. Considering the aforesaid, the Court is inclined to grant bail to the petitioners, let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Court of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Govindganj (Areraj O.P.) P.S. Case No. 295 of 2016.

(Anil Kumar Upadhyay, J) mdrashid/- U T