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Patna High CourtCR. MISC./28908/2015bail granted

Lala Paswan And ORS v. The State Of Bihar

2015-07-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28908 of 2015 Arising Out of PS.Case No. -155 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Lala Paswan son of Sri Kanta Paswan, resident of village- Gumati, P.S.- Raja Pakar, District- Vaishali

2. Kundan Kumar Rai @ Kundarn Kumar Son of Shivlal Rai, resident of village- Daulatpur, P.S. Sadar Hajipur, District- Vaishali

3. Manjesh Kumar son of Bashistha Sharma, resident of village- Viropur, P.S. Sadar Hajipur, District- Vaishali

4. Mukesh Kumar @ Mukesh Kr. Rai son of Rajendra Rai, resident of village- Shubhai Mishra Tola, P.S. Sadar Hajipur, District- Vaishali

5. Mantesh Kumar son of Umesh Prasad Singh, resident of villageKansara, P.S. Raja Pakar, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-07-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 448, 427, 420, 467, 34 of the Indian Penal Code.

It is alleged that petitioner Nos. 3 and 4 took the son of the informant and after intoxicating him got the sale deed executed in favour of petitioner No. 5 when petitioner Nos. 1 and 2 signed on the sale deed as identifiers. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.28908 of 2015 (2) dt.28-07-2015 2/2 petitioners that son of the informant who executed the sale deed was trashed while committing theft and subsequently he died leading to registration of Mandawali P.S. Case No. 885 of 2014 on 22.09.2014 and thereafter the present case has been lodged on 08.04.2015 whereas the sale deed was executed in August, 2014.

Considering the nature of accusation particularly the fact that executant of the sale deed has not challenged the factum of execution of sale deed, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 155 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T