Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22333 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== 1.
Prince Kumar SON OF PAWAN MISHRA Resident of VillageBARIYAPUR, PS- JOGAPATTI, DISTT- WEST CHAMPARAN 2.
PUNNU KUMAR MISHRA SON OF MURARI MISHRA Resident of Village- DARWALIYA, PS- JOGAPATTI, DISTT- WEST CHAMPARAN 3.
SUNIL MISHRA SON OF NARBADESHWAR MISHRA Resident of Village- BARIYAPUR, PS- JOGAPATTI, DISTT- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr. Manoj Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 406, 420, 467, 468, 471 and 120-B, 188/34 of the Indian Penal Code .
3 . As per the prosecution case, all the FIR named accused persons including these petitioners, during pendency of the title suit, executed sale deed with respect to the land which was subject matter of the said title suit.
4. Learned counsel for the petitioners submits that petitioners no. 1 and 2 are bonafide purchasers of the land
Patna High Court CR. MISC. No.22333 of 2024(2) dt.04-04-2024 2/2 through registered sale deed from legal, rightful and real title holder Narendra Mishra on payment of proper consideration money and petitioner No. 3 is a mere witness to the sale deed. Moreover, dispute is purely of civil nature . Similarly situated co-accused persons have already granted bail by this Court vide order dated 04.04.2024 in Cr. Misc. No. 21347 of 2024 . 5 . Learned counsel for the State opposed the bail petition .
6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah in Jogapatti P.S. FIR No. 310 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T