Yugal Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6649 of 2019 Arising Out of PS. Case No.-352 Year-2018 Thana- SAHARSA District- Saharsa ======================================================
1. Yugal Mahto Son of Late Nand Kishore Mahto Resident of villageRahimpur, P.S.- Sour Bazar, District- Saharsa.
2. Ashok Mehta @ Ashok Mahto Son of Yugal Mahto Resident of villageRahimpur, P.S.- Sour Bazar, District- Saharsa.
3. Shivjee Mahto @ Shivjee kumar Son of Yugal Mahto Resident of villageRahimpur, P.S.- Sour Bazar, District- Saharsa.
4. Bodhu Mahto @ Ramlagan Mahto Son of Late Nand Kishore Mahto Resident of village- Rahimpur, P.S.- Sour Bazar, District- Saharsa.
5. Sikandar Mahto Son of Bodhu Mahto Resident of village- Rahimpur, P.S.- Sour Bazar, District- Saharsa.
6. Lakhindar Mahto Son of Bodhu Mahto Resident of village- Rahimpur, P.S.- Sour Bazar, District- Saharsa.
7. Fuleshwar Mahto @ Fulendra Mahto Son of Bodhu Mahto Resident of village- Rahimpur, P.S.- Sour Bazar, District- Saharsa. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rashmi Jha, Adv.
For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2019 This is an application for grant of anticipatory bail in connection with Saharsa P.S. Case No. 352 of 2018 arising out of Complaint Case No.1168C/17, disclosing offences under Sections 420, 467, 468, 323, 384, 120(B) of the Indian Penal Code.
Allegation as per complaint petition is that the complainant/informant is a khatiyan holder of a land and the land is his ancestral land and the accused nos. 1 to 7, who are the petitioners, are tried to dislodge them from the said land on
Patna High Court Cr.Misc. No.6649 of 2019(2) dt.05-02-2019 2/2 the basis of forged sale-deed, though they have no right to execute any sale-deed.
Submission of learned counsel for the petitioners is that the father of petitioner nos. 1 & 4 and father of the informant is same. Further, a Title Suit No.267 of 2008 is also pending between the parties, which will appear from Annexure2. It is also submitted that the whole allegation is false and concocted.
Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa P.S. Case No. 352 of 2018 arising out of Complaint Case No.1168C/17, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T