Kanhai Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13464 of 2020 Arising Out of PS. Case No.-642 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

KANHAI BHUIYAN Son of Late Pachan Bhuiyan Resident of Village - Sewti, P.S.- Kothi, District- Gaya 2.

Bhola Prasad Agrawal @ Bhola Sao Son of Late Krishna Sao Resident of Village - Sewti, P.S.- Kothi, District- Gaya 3.

Ajay Thakur Son of Late Sahdeo Thakur Resident of Village - Sewti, P.S.- Salaiya, District- Gaya 4.

Radhe Paswan Son of Late Munshi Paswan Resident of Village - Sewti, P.S.- Salaiya, District- Gaya ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Sudeshwari Devi Wife of Dhaneshwar Bhuiyan Resident of Village - Sewti, P.S.- Kothi, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 504/34 and other allied sections of the Indian Penal Code and under the SC ST Act.

Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case. They submit that they have committed no offence under section

Patna High Court CR. MISC. No.13464 of 2020(2) dt.05-03-2020 2/2 420 of the Indian Penal Code as regarding the title of the land in question there is a dispute between the parties. Petitioner no.2 is the bona fide land owner whereas petitioners no. 3 and 4 merely identified vendor and vendee. Complainant has also filed eviction suit in the court below. Petitioners have got no criminal antecedent.

Considering the facts of the case, let the petitioners, above named, in the event of surrender before the Court below within six weeks from today, be released 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 Judicial Magistrate 1st class, Sherghati Gaya in Complaint Case No. 642 of 2017, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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