Hari Shankar Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26152 of 2021 Arising Out of PS. Case No.-125 Year-2020 Thana- DUMRAO District- Buxar ====================================================== 1.

HARI SHANKAR CHOUBEY S/o Shiv Kumar Choubey Resident of Village- Sirauli, P.S.- Dumraon, District- Buxar. 2.

Daya Shankar Choubey S/o Hari Shankar Choubey Resident of VillageSirauli, P.S.- Dumraon, District- Buxar. 3.

Meena Kumari W/o Ravi Ranjan Choubey and D/o Hari Shankar Choubey Resident of Village- Sirauli, P.S.- Dumraon, District- Buxar. ... ... Petitioners.

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Kumar For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468 & 471/34 of the Indian Penal Code.

The petitioners are said to have fraudulently taken

Patna High Court CR. MISC. No.26152 of 2021(3) dt.05-01-2022 2/2 tax receipt and certificate of ownership of land. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. As a matter of fact, the land receipts as well as holding tax receipts have been issued in the name of the petitioners' family members till year 2019-20. Against the wrong entry made in the name of Baij Nath Choubey in the R.S. Khatiyan, petitioner no.1 had filed a Title Suit No.90/2020, which is pending. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Dumraon P.S. Case No.125 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T