Nageshwar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7043 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- BANIAPUR District- Saran ====================================================== 1.

Nageshwar Pandey S/O Late Ramdeo Pandey Resident Of Village- Repura, P.S.- Baniapur District- Saran At Chapra.

2.

Rakesh Kumar Pandey @ Pappu Pandey S/O Nageshwar Pandey Resident Of Village- Repura, P.S.- Baniapur District- Saran At Chapra. 3.

Pramod Kumar Singh S/O Ram Subhag Singh Resident Of VillageBhumihara, P.S.- Baniapur, District- Saran At Chapra. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Harsh Anuj, Advocate For the Opposite Party/s :

Mr.Shailendra Kr Singh, Addl Public Prosecutor for the informant Mr RM Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 420/34 of the Indian Penal Code.

It is alleged that petitioner no.1 in collusion with petitioners no.2 and 3 got a sale deed executed in his favour by the brother of the informant who was blind and mentally unsound. As per the prosecution case, petitioner no.1 got executed sale deed in conspiracy with petitioner no. 2 and 3 from brother of the informant who was blind and mentally unsound.

Learned counsel appearing for the petitioners submits that the petitioner no.1 is bonafide purchaser and after payment

Patna High Court CR. MISC. No.7043 of 2023(2) dt.11-05-2023 2/2 of consideration money, he got executed the sale deed from the brother of the informant. Moreover, the dispute is of civil nature. Petitioners claim clean antecedent.

Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged 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 Chief Judicial Magistrate, Saran at Chapra in Baniyapur Police Station Case No. 66/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T