Subhash Chandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9944 of 2023 Arising Out of PS. Case No.-1313 Year-2017 Thana- COMPLAINT CASE District- Banka ====================================================== 1.

Subhash Chandra Singh Son of Late Pramod Singh Resident of village - Saharna, P.S.- Barahat, District - Banka 2.

Ramni Mohan Singh Son of Late Prameshwar Singh Resident of village - Saharna, P.S.- Barahat, District - Banka 3.

Vivekanand Singh Son of Ramni Mohan Singh Resident of village - Saharna, P.S.- Barahat, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 504, 506, 406 of the Indian Penal Code and section 27 of the Arms Act.

As per the complaint, petitioners intercepted the complainant on the way and committed marpit with him and took cash of Rs. 5,000/- from his pocket. It is further alleged that the main reason behind the alleged occurrence is that petitioner no. 1 and his brother Pramod Singh took Rs. 1,40,000/- as advance money from the complainant and his

Patna High Court CR. MISC. No.9944 of 2023(2) dt.25-04-2023 2/2 uncle Jalil Ansari to execute an agreement to sale of a piece of land in their favour, but they did not execute the same. It is submitted that petitioners have been falsely implicated in this case. Petitioner had never taken any money with regard to execution of an agreement to sale for a piece of land. There is land dispute between the parties for which Jamabandi Revision Case No. 284/19-20 is pending in the Court of ADM, Banka. The complainant has filed this complaint petition only with a view to grab the land of petitioners.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Judicial Magistrate Ist Class, Banka in connection with Complaint Case No. 1313 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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