Patna High CourtCR. MISC./42286/2015bail granted

Raj Kumar Singh And ORS v. State Of Bihar And ANR

2015-10-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42286 of 2015 Arising Out of PS.Case No. -301 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Raj Kumar Singh son of Late Satya Narayan Prasad Singh, R/o village & Post- Jahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.

2. Shankar Thakur son of Late Sahdev Thakur R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.

3. Chandradeo Yadav son of Late Bhikhar Yadav, R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.

4. Ram Bilash Singh son of Late Ishwar Singh, R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.

5. Arvind Singh son of Late Satya Narayn Prasad Singh, R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.

6. Ram Bilash Singh son of Late Satya Narayan Singh, R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.

7. Tuntun Kumar son of Raghunandan Prasad Singh R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mahendra Poddar son of Late Musho Poddar, R/o village & PostJalkauda, P.S. Gangaur O.P. Khagaria, District- Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Khagaria (Gangaur) P.S. Case No. 301 of 2015 registered for the offences punishable under sections 420, 468, 423 and 120-B of the Indian Penal Code.

It is contended that the petitioner nos.1 to 5 are bonafide purchasers of the land in question from accused no.1

Patna High Court Cr.Misc. No.42286 of 2015 (2) dt.08-10-2015 2/2 Firoz Ahmad @ Tasbir Ahmad whereas petitioner nos.6 and 7 are witnesses of the sale deed and they cannot be said to have committed any offence by purchasing a piece of land for consideration. In case the executant of the sale deed was not having title over the plot in question, it was the purchasers, who have been cheated. It is further contended that the dispute alleged in the present case is of civil nature.

Learned counsel for the State has opposed the prayer for anticipatory bail.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners, namely, Raj Kumar Singh, Shankar Thakur, Chandradeo Yadav, Ram Bilash Singh, Arvind Singh, Ram Bilash Singh and Tuntun Kumar are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 301 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T