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Patna High CourtCR. MISC./23520/2024allowed

Jabul v. The State Of Bihar

2024-05-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23520 of 2024 Arising Out of PS. Case No.-461 Year-2023 Thana- ARARIA District- Araria ====================================================== 1.

Jabul Son of Late Tasowar @ Tasobar Resident of Village- Farasut TolaMajhua, P.S.- Araria, Dist.- Araria 2.

Abdul Karim Son of Israil @ Md. Israil Resident of Village- Farasut TolaMajhua, P.S.- Araria, Dist.- Araria 3.

Anwar Son of Late Elyas Resident of Village- Farasut Tola- Majhua, P.S.- Araria, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Ziaul Quamar For the Opposite Party/s :

Mr. Ahmad Ali For the Informant :

Mr. Sunil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 467, 468, 420, 34 of the Indian Penal Code.

3. As per the FIR, the accused persons, in connivance with each others mutated the plot of the late sister of the informant and others by filing mutation case. The petitioners are the purchasers of the land in question.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place.

Patna High Court CR. MISC. No.23520 of 2024(3) dt.08-05-2024 2/2 There is an admitted land dispute between the parties. He further submits that the brother of informant filed a title suit no.556 of 2023 before Sub-Judge Araria through his power of attorney holder namely Sanjay Kumar Roy against Jyanti Devi and petitioners as defendants and also made informant as defendant no.13. Petitioners have two criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering that a title suit is pending between the parties, let the above named petitioners, 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, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Araria P.S. Case No.461 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T