Saryug Sah @ Saryu Prasad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11311 of 2024 Arising Out of PS. Case No.-92 Year-2023 Thana- BELHAR District- Banka ====================================================== 1.
Saryug Sah @ Saryu Prasad Sah S/O Late Harihar Sah R/O Village- Belhar, Post Office And Ps.- Belhar, Dist. Banka.
2.
Surendra Sah @ Surendra Prasad Sah S/O Uchit Sah R/O Village- Belhar, Post Office And Ps.- Belhar, Dist. Banka.
3.
Manoj Sah @ Manoj Kumar Sah S/O Baijnath Sah @ Baidyanath Sah R/O Village- Belhar, Post Office And Ps.- Belhar, Dist. Banka. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Praveen Kumar, Advocate For the Opposite Party :
Mr.Mithlesh Kumar Khare, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections and other ancillary sections of the Indian Penal Code.
3. As per the prosecution case, informant had filed a petition before Anchal Adhikari, Belhar for measurement of land of mauza Belhar, Khata No. 175, Plot No. 921 having an area of 13 decimals and 29.04.2023 was date fixed. During course of measurement accused persons were also present there
Patna High Court CR. MISC. No.11311 of 2024(2) dt.22-02-2024 2/3 from whom photography of Kewala was demanded which was shown by them and the photocopy was not visible so the certified copy of original deed was demanded. From perusal thereof, it came to light that plot no. 928 has been made as plot no. 921 with a view to grab it.
4. It is submitted on behalf of the petitioners that plot no. 921 new plot no. 1334 has been carved out and old khata no. 175 new khata no. 643 has been made, and said Kuldeep Thakur executed a registered sale deed in respect of 13 decimal of land by means of registered sale deed in favour of Saryug Sah (petitioner no.1) on 26.04.1994. Learned counsel submits that the dispute is purely of civil nature and the instant case has been lodged only with a view of harass the petitioners. Petitioners claim clean antecedent.
5. 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, Banka in Belhar Police Station Case No. 92 of 2023, subject to the conditions laid down under section 438(2) of the
Patna High Court CR. MISC. No.11311 of 2024(2) dt.22-02-2024 3/3 Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T