Lokesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21594 of 2023 Arising Out of PS. Case No.-138 Year-2022 Thana- GURARU District- Gaya ====================================================== 1.

Lokesh Kumar S/O Sanjay Nonia @ Sanjay Noniya Resident Of VillageBahbalpur, Tola-Kailaspur, P.S.-Guraru, District-Gaya 2.

Suraj Kumar S/O Sanjay Nonia @ Sanjay Noniya Resident Of VillageBahbalpur, Tola-Kailaspur, P.S.-Guraru, District-Gaya 3.

Ajit Kumar S/O Sanjay Nonia @ Sanjay Noniya Resident Of VillageBahbalpur, Tola-Kailaspur, P.S.-Guraru, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, Addl Public Prosecutor Mr. V. Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners, the State and the informant.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 406,420,506,384/120B/34 of the Indian Penal Code.

As per the prosecution case, petitioners after registering the land in question, did not hand over possession of the same to the informant.

Learned counsel appearing for the petitioners, while denying the allegation, submits that after getting consideration money, petitioners duly executed the sale deed which has also

Patna High Court CR. MISC. No.21594 of 2023(2) dt.04-07-2023 2/2 been mutated in the name of the informant. However, after getting knowledge of the sold land, aunti of the petitioners have filed a partition suit no.115 of 2022 against her brother (father of the petitioners). Moreover, the dispute is of civil nature. Petitioners claim clean antecedent.

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 Judicial Magistrate 1st class Gaya in Guraru Police Station Case No. 138 of 2022/GR No.4562 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T