Shankar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16034 of 2022 Arising Out of PS. Case No.-1807 Year-2016 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.

SHANKAR THAKUR S/O LATE PRATAP THAKUR R/O BHUMIHAR MOHALLA, SHANTI TOLA, FASIYA, P.S.- KATIHAR, DISTT.- KATIHAR 2.

AWADHESH THAKUR S/O LATE PRATAP THAKUR R/O BHUMIHAR MOHALLA, SHANTI TOLA, FASIYA, P.S.- KATIHAR, DISTT.- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 406, 420/34 of the Indian Penal Code.

As per the prosecution case, an agreement for sale was made between the complainant and co-accused Vimla Devi. These petitioners are sons of Vimla Devi. It is further alleged that after receiving some consideration money, the accused persons sold the land in question to another person. It is submitted on behalf of petitioners that from bare perusal of the F.I.R., it is apparent that it is a case of civil

Patna High Court CR. MISC. No.16034 of 2022(2) dt.25-08-2022 2/2 dispute. Moreover, the alleged agreement was made between the complainant and co-accused Vimla Devi and petitioners have been made accused only because they are sons of Vimla Devi. The police, after investigation, has already submitted final form. Petitioners have got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Katihar in connection with Complaint Case No. 1807 of 2016, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T