Yogendra Pd. Gupta And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36567 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -BANGAON District- SAHARSA ======================================================
1. Yogendra Pd. Gupta Son of Late Sudarshan Sah
2. Manoj Kumar Gupta Son of Yogendra Pd. Gupta Both residents of village - Bariyahi Bazar ( Bariyahi Kothi ), P.S. Bangaon, District - Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 467, 468, 471, 323, 341, 504/34 of the Indian Penal Code.
Prosecution case is that the ancestral land was partitioned between the informant and the petitioners vide Partition Suit No. 30 of 2015, in spite of that the petitioners executed sale deed with regard to share of land of the informant.
It is submitted by the learned counsel for the petitioners that the sale deed was executed in 2007 and the present F.I.R. has been lodged in 2015, whereas the petitioners'
Patna High Court Cr.Misc. No.36567 of 2015 (2) dt.10-09-2015 side lodge case against the informant being Bangaon P.S. Case No. 05 of 2015 prior to the lodging of the present case, as the petitioners sold the land of their share.
Considering the accusation levelled in the background of civil nature of dispute, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Bangaon P.S. Case No. 23 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T