Narayan Pathak And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29206 of 2015 Arising out of PS.Case No. -107 Year- 2013 Thana -SAHARSA District- SAHARSA ======================================================
1. Narayan Pathak, S/o Late Bechan Pathak.
2. Rekha Devi, W/o Narayan Pathak. Both R/o Village Mahisi, P.S. Mahisi, District Saharsa.
3. Bal Krishna Jha @ Bal Krishna, S/o Raghubir Jha. R/o Village Lagma, P.S. Sonbarsa, District Saharsa.
4. Ashutosh Choudhary, S/o Fulkumar Choudhary.
5. Fulkumar Choudhary, S/o Shaktinath Choudhary. Both R/o Village Badhwa, P.S. Bakhtiyarpur, District Saharsa.
.... .... Petitioners
Versus
1. The State of Bihar.
2. Prabhu Sah S/o Late Ramdeo Sah R/o Village Sarahi, Ward No. 3, P.S. + District Saharsa.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Shiva Shankar Sharma, Advocate. For the Opposite Parties : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 The petitioners are apprehending their arrest in connection with Saharsa Sadar P.S. Case No. 107 of 2013 for the offences instituted under Sections 406, 420, 467, 468, 341, 323 and 120(B) of the IPC.
Heard learned counsel for the petitioners and learned counsel for the State.
The prosecution story, in brief, is that the complainant has got some piece of land in village-Nariyar and the accused persons by making conspiracy created forged and fabricated
Patna High Court Cr.Misc. No.29206 of 2015 (2) dt.27-07-2015 2/2 document with intention to grab the land of the complainant with ill-motive and they were adamant to construct house on the said land of the complainant.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is further submitted that the occurrence relates to the year 2004 and for which a complaint case was filed in the year 2012. The dispute is in respect to land and same relates to civil in nature.
On behalf of the State it has been submitted that the petitioners are named in the complaint case.
Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Saharsa Sadar P.S. Case No. 107 of 2013 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T