Shyam Kishor Narayan Dev @ Shyam Kishor Deo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16589 of 2024 Arising Out of PS. Case No.-307 Year-2022 Thana- BAUNSI District- Banka ====================================================== 1.

Shyam Kishor Narayan Dev @ Shyam Kishor Deo, Son of Late Ganesh Narayan Deo @ Ganesh Deo Resident of Village- Kushiyari, TolaBriandaban, Police Station- Bounsi, District- Banka 2.

Kamal Kishor Narayan Dev @ Kamal Kishor Narayan Deo, Son of Late Ganesh Narayan Deo @ Ganesh Deo Resident of Village- Kushiyari, TolaBriandaban, Police Station- Bounsi, District- Banka 3.

Chandra Mohan Kumar, Son of Late Shyam Das Resident of VillageSimariya, Police Station- Bounsi, District- Banka 4.

Pankaj Kumar Mandal @ Pankaj Kumar, Son of Late Umesh Mandal Resident of Village- Balarpur, Police Station and Dist.- Banka 5.

Savitri Devi @ Most. Savitri Devi, Wife of Late Ballabh Singh @ Ballan Singh Resident of Village- Kushiyari, tola- Briandaban, Police StationBounsi, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Balram Kapri, Advocate For the Informant :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned counsel for the informant as well as learned APP for the State.

2. The petitioners apprehend their arrest in connection with Bounsi P.S. Case No. 307 of 2022 instituted under Sections 420, 467, 468, 471, 504, 506 and 120(B) of the Indian Penal Code

3. As per the prosecution case, the petitioners are involved in execution of the sale deed of the informant's land and thereby they have committed cheating and forgery.

Patna High Court CR. MISC. No.16589 of 2024(3) dt.17-05-2024 2/3

4. Learned counsel for the petitioners submits that petitioners are quite innocent and have committed no offence. He submits that no such occurrence as alleged ever took place and the petitioners have falsely been implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that similarly situated co-accused persons have already been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 17.10.2023, passed in Cr. Misc. No. 61138 of 2023 and by this Court vide order dated 15.12.2023 passed in Cr. Misc. No. 61506 of 2023. Petitioners have no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No. 307 of 2022, subject to the conditions laid down in

Patna High Court CR. MISC. No.16589 of 2024(3) dt.17-05-2024 3/3 Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) khushbu/- U T