Shiv Sharan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29366 of 2021 Arising Out of PS. Case No.-162 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

SHIV SHARAN SINGH Son of Late Digambar Singh Resident of village - Shahpur, P.S. Benipatti, District - Madhubani. 2.

Bikash Kumar Singh @ Bikash Singh Son of Late Digambar Singh Resident of village - Shahpur, P.S. Benipatti, District - Madhubani. 3.

Sujit Kumar @ Sujit Kumar Singh Son of Shiv Sharan Singh Resident of village - Shahpur, P.S. Benipatti, District - Madhubani. 4.

Sunil Kumar Singh @ Sunil Singh Son of Shiv Sharan Singh Resident of village - Shahpur, P.S. Benipatti, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajdeo Singh Son of Late Rav Vijay Singh Resident of village - Shahpur, P.S. Benipatti, District - Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in a case registered for the offences punishable Sections 341, 323 and 420 of the Indian Penal Code.

Patna High Court CR. MISC. No.29366 of 2021(2) dt.09-02-2022 2/3 Prosecution case is that the complainant purchased total seven dhurs of land by registered sale deeds from the accused persons who again sold the land to co-accused Gulab Prasad despite knowing the fact that sale deed has already been executed in favour of the complainant.

It is submitted by learned counsel for the petitioner that the petitioners have falsely been implicated in this case. He further submits that this is purely a civil dispute. He further submits that the main co-accused Gulab Prasad, who is vendee, along with Deep Narayan Singh and Shiv Chandra Singh have already been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 41969 of 2019 vide order dated 27.09.2019. The petitioners are only witnesses of the sale deed. Petitioners have no criminal antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Benipatti in

Patna High Court CR. MISC. No.29366 of 2021(2) dt.09-02-2022 3/3 connection with Complaint Case No. 162 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) brajesh kumar/- U T