Manoj Kumar Singh @ Bhulendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2712 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -KHAIRA District- SARAN ======================================================

1. Manoj Kumar Singh @ Bhulendra Singh Son of Late Ramjet Singh

2. Pankaj Kumar @ Pankaj Kumar Singh @ Pundeo Singh Son of Late Ramjeet Singh

3. Ravi Kumar Singh @ Chhokta Son of Manoj Kumar Singh

4. Rambabu Baitha Son of Late Lagan Baitha

5. Prabhu Sah Son of Late Ramanand Sah

6. Gopal Sah Son of Late Jagarnath Sah

7. Nand Kumar Sah Son of Late Jagarnath Sah

8. Binod Kumar Soni @ Binod Soni Son of Gautam Sah

9. Khajanchi Sah Son of Late Harijan Sah All above resident of VillageSrinagar, P.S.-Khaira, District-Saran.

10. Anil Kumar @ Jitendra Prasad Srivastava Son of Manmohan Prasad Srivastava Resident of Village-Ratanpura, P.S.-Bhagwan Bazar, District-Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parijat Saurav For the Opposite Party/s : Mr. Mithilesh Kumar Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 469, 471, 472, 506, 34 of the Indian Penal Code. The prosecution case is that the informant got the land of 2 dhur 10 Dhurki appertaining to Khata No. 233, Plot No. 1085s and 1 Khata 7 Dhur appertaining to Khata No. 536, Plot No. 1086 by virtue of partition decree passed in Partition Suit No. 351 of 1998. Subsequently when the accused persons demolished the drainage of the informant then the informant came to know that by virtue of a forged document

Patna High Court Cr.Misc. No.2712 of 2016 (2) dt.22-01-2016 2/2 being created the accused persons claimed the land and under Section 107 Cr.P.C proceeding was initiated wherein both sides were directed to execute bond and the same was challenged in the criminal writ by the petitioners.

It is submitted by learned counsel for the petitioners that in the background of serious land dispute the accusation has been levelled and even assuming the accusation no offence under Sections 420, 467, 468, 469, 471, 472, 506, 34 of the Indian Penal Code is made out.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the accusation levelled in the background of serious land dispute between the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Khaira P.S. Case No. 124 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T