Narvadeshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10926 of 2020 Arising Out of PS. Case No.-264 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.
Narvadeshwar Singh Son of Late Rameshwar Singh Resident of Village - Mushiya, P.S.- Ramgarh, District- Kaimur at Bhabua 2.
Shitbasant Singh @ Setbasant Singh late Daroga Rai Resident of Village - Mushiya, P.S.- Ramgarh, District- Kaimur at Bhabua ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Tribhuwan Narayan, Adv.
For the Opposite Party :
Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2020 Heard the learned counsel for the petitioners and the learned APP for the State.
The petitioners apprehend their arrest in connection with Ramgarh P.S. Case No. 264 of 2019, Gr. No. 2315/19 for the offence punishable under Sections 467, 468, 471, 323 and 420 of the Indian Penal Code.
The allegation is regarding the petitioner No.1 having sold a piece of land to the mother of the informant for a sum of Rs. 1,35,000/-, which had already stood sold by the father of the petitioner No. 1, earlier in the year 1995. The petitioner No. 2 is stated to be witness to the execution of the said deed. It is alleged that after it come to the knowledge of the
Patna High Court CR. MISC. No.10926 of 2020(2) dt.04-03-2020 2/3 informant that the same land has been sold twice, he had approached the petitioner but they refused to return the money. The learned counsel for the petitioner has submitted that the petitioners are innocent, are having clean antecedent and have been falsely implicated in the present case. It is further submitted that the allegations levelled by the informant are purely civil in nature and the remedy for the informant is to approach the Competent Court having Civil Jurisdiction regarding redressal of his grievances. The learned counsel for the informant has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, as also taking into account the fact that the allegations levelled in the present case are purely of civil nature, I deem it fit and proper to direct for release of the petitioners on anticipatory bail.
Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/-(rupees ten thousand) each with two sureties of the like amount to the
Patna High Court CR. MISC. No.10926 of 2020(2) dt.04-03-2020 3/3 satisfaction of learned Additional Chief Judicial Magistrate 1st, Kaimur at Bhabua in connection with Ramgarh P.S. Case No. 264 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) K.K.RAO/- U T