Rajendra Prasad Chaudhary @ Rajendra Prasad Jayaswal @ Rajendra Jayswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15731 of 2024 Arising Out of PS. Case No.-795 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== 1.
Rajendra Prasad Chaudhary @ Rajendra Prasad Jayaswal @ Rajendra Jayswal Son of Late Jaya Prasad Chaudhary Resident of Village- Bachhauta, Police Station- Morkahi, Dist.- Khagaria 2.
Amit Kumar Son of Rajendra Prasad Chaudhary @ Rajendra Prasad Jayaswal @ Rajendra Jayswal Resident of Village- Bachhauta, Police Station- Morkahi, Dist.- Khagaria 3.
Prashant Kumar Son of Rajendra Prasad Chaudhary @ Rajendra Prasad Jayaswal @ Rajendra Jayswal Resident of Village- Bachhauta, Police Station- Morkahi, Dist.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar , Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 420, 467, 468 , 471 and 34 of the Indian Penal Code .
3. As per the prosecution case, this petitioner is alleged to have sold the land of the informant.
4. It is submitted that petitioner no. 1 is the
Patna High Court CR. MISC. No.15731 of 2024(2) dt.14-03-2024 2/3 father of petitioners Nos. 2 and 3, and the land in question is recorded in the name of their ancestors. They legally sold the land of their share because they were in need of money, but the informant does not want these petitioners to sell the land in question. The dispute is purely of a civil nature for which a title suit is pending before the Court below, as such, no case under Sections 420, 467, 468, 471, and 34 of I.P.C. is made against these petitioners.
5. Learned counsel for the State oppose the bail petition.
6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 Chief Judicial Magistrate , Khagaria in connection with Chitra Gupt Nagar P.S. Case No. 795 of 2022 , subject to the conditions laid
Patna High Court CR. MISC. No.15731 of 2024(2) dt.14-03-2024 3/3 down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T