Baliram Paswan And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8816 of 2016 Arising Out of PS.Case No. -118 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Baliram Paswan Son of Lakhan Paswan, Resident of Village - Misir Bigha, Police Station - Aurangabad District - Aurangabad (Bihar).

2. Naresh Singh, S/o Binda Singh, R/o Village - Basekhap, P.S. - Muffasil, District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Saryu Paswan, S/o Late Kapildeo Paswan, R/o Village - Misir Bigha, P.S. - Aurangabad, District - Aurangabad.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Adv. For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 341, 323, 420, 467, 468, 406 and 504/34 of the Indian Penal Code. The prosecution case is that the petitioner no.1 Baliram Paswan executed a sale deed in favour of co-accused Ram Prasad Singh with regard to Khatiyani land of the complainant appertaining to Khata No. 76, Plot Nos.628 and 599. It is submitted by learned counsel for the petitioners that the land in question belongs to the petitioners and Title Suit No.

Patna High Court Cr.Misc. No.8816 of 2016 (3) dt.29-02-2016 2/2 48 of 2015 has been filed by the complainant wherein the petitioner no.1 is defendant. Moreover, purchaser of the land Ram Prasad Singh has been granted anticipatory bail vide Cr. Misc. No. 52408 of 2015.

Considering the accusation levelled in the background of civil nature of dispute, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Aurangabad in connection with Complaint Case No. 118 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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