Bhagirath Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18945 of 2022 Arising Out of PS. Case No.-368 Year-2018 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.
BHAGIRATH RAI S/o Late Paharu Rai Resident of Village- Bangra Nizamat (Madhopur Hazari), P.S.- Sahebganj, District- Muzaffarpur. 2.
Pappu Rai @ Pappu Yadav S/o Bhagirath Rai Resident of Village- Bangra Nizamat (Madhopur Hazari), P.S.- Sahebganj, District- Muzaffarpur. 3.
Ravindra Rai Son of Bhagirath Rai Resident of Village- Bangra Nizamat (Madhopur Hazari), P.S.- Sahebganj, District- Muzaffarpur. 4.
Banaras Rai Son of Late Sukdev Rai Resident of Village- Bangra Nizamat (Madhopur Hazari), P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha For the Opposite Party/s :
Mr.AP.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 At the outset, learned counsel for the petitioners seeks permission to withdraw this application against petitioner no. 1 and 2.
Permission is accorded.
This application is withdrawn against petitioner no. 1 and 2.
So far as rest of the petitioners are concerned the instant application for anticipatory bail has been filed by the petitioners no. 3 and 4 apprehending their arrest in connection with Sahebganj P.S. Case no. 368 of 2018 instituted for the
Patna High Court CR. MISC. No.18945 of 2022(2) dt.20-09-2022 2/3 offence punishable under Sections 307, 379, 323, 384, 419, 420, 467, 468 and 471 of the Indian Penal Code and Section 27 of the Arms Act.
As per allegation in the FIR, accused persons have fraudulently got executed the land in favour of petitioner no. 1. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The land in question was purchased by the father of the informant, which has been executed in the name of petitioner no. 1 by the informant. It is a case of civil nature. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners no. 3 and 4 on bail. The petitioners no. 3 and 4 are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sahebganj P.S. Case no. 368 of 2018, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st (West), Muzaffarpur subject to the conditions
Patna High Court CR. MISC. No.18945 of 2022(2) dt.20-09-2022 3/3 as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U