Madhurendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14916 of 2025 Arising Out of PS. Case No.-263 Year-2016 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Madhurendra Singh, S/o Sajawal Singh 2.

Ragho Singh, S/o Late Gena Singh @ Rona Singh, resident of villagePatpariya Moran, P.S.-Muffasil, District-East Champaran. 3.

Dhruv Singh @ Dhrup Singh @ Dhruva Singh, S/o Sajawal Singh Petitioner no.1 and 3 are resident of village- Patpariya, P.S.- Muffasil, Distt.- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Umesh Kumar Singh, S/o Late Gadena Singh, R/o village-Mathiya Bhopat (Phulwar), P.S.- Lakhaura, Distt.- East Champaran ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mrs. Rashmi Jha, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Muffasil P.S. Case No.263 of 2016 registered for the offences punishable under Sections 341, 323, 420, 467, 468, 471 and 504 read with 34 of the Indian Penal Code.

3. Allegation against the petitioners is to sold the land belongs to informant under a conspiracy along with other

Patna High Court CR. MISC. No.14916 of 2025(2) dt.02-04-2025 2/3 co-accused persons on 02.07.2016 and when it came into the knowledge of informant on 03.07.2016, it was objected, upon which informant was abused and assaulted by petitioners and their family members.

4. It is submitted by learned counsel appearing for petitioners that from the face of FIR, the family land dispute can be easily gathered. It is submitted that only with harassing attitude, out of ulterior and oblique motive, a civil dispute was given a criminal colour through present FIR, where all concerned parties appears relative. It is submitted that even the allegation of conspiracy appears to be founded upon suspicion being relatives. The petitioners are said to be men of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as the face of FIR prima facie suggest civil litigation arising out land dispute, where both parties appears relatives, coupled with the fact that the petitioners are men of clean antecedent, accordingly, all above-named petitioners are directed to be released on bail, in the event of their arrest

Patna High Court CR. MISC. No.14916 of 2025(2) dt.02-04-2025 3/3 or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Muffasil P.S. Case No.263 of 2016, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T