Vikram Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7584 of 2017 Arising Out of PS.Case No. -5 Year- 2016 Thana -COMPLAINT CASE District- BANKA ======================================================

1. Vikram Kumar son of Late Nageshwar Prasad

2. Kailash Das @ Kailash Prasad Das Son of Sri Ganesh Das

3. Bindeshwari Prasad Das @ Bindeshwari Das Son of Sri Ganesh Das

4. Sudhir Chandra Das Son of Late Parmeshwar Das All residents of Village - Mandar Deru, P.S. - Dhoraiya, District - Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Nirmala Devi Wife of Sri Ganesh Das resident of Village - Mandar Deru, P.S. - Dhoraiya, District - Banka.

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

For the Petitioner/s : Mr. Navjot Yeshu, Advocate For the Opposite Party/s : Md. Fahimuddin, APP For the Complainant : Mr. Dhirendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 420, 467 and 468/34 of the Indian Penal Code.

Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that it is alleged that petitioners with forged signature of the complainant has prepared Batwaranama and on the basis of that Batwaranama got their names mutated with regard to the land in question. It is further submitted that they have falsely been implicated in this case due to land dispute and as a matter of fact the land in question belongs to the petitioners. The case is of

Patna High Court Cr.Misc. No.7584 of 2017 (2) dt.27-02-2017 2/2 purely civil nature.

Heard learned A.P.P. as well as learned counsel for the complainant. It is submitted by learned counsel for the complainant that complainant has been possessing the land in question since long back and by forged signature of the complainant, petitioners have mutated the land in their names. Having heard both sides, in view of the facts stated above, let above named petitioners, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Complaint Case no. 5 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to the conditions that bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) sudip/- U T