Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26095 of 2020 Arising Out of PS. Case No.-64 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== 1.

VIJAY SINGH S/o Late Ram Pravesh Singh Resident of VillageBhagwatpur, P.S.- Paroo, District- Muzaffarpur. 2.

Ajay Singh S/o Late Ram Pravesh Singh Resident of Village- Bhagwatpur, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Anil Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-10-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered under Sections 323, 341, 379, 120B, 406, 420, 467, 468, 504/34 of the Indian Penal Code.

Complainant has alleged in his complaint petition that he got land in front of his house by dint of partition. Allegation against petitioners is that they got the land of the complainant registered in their own name in connivance with

Patna High Court CR. MISC. No.26095 of 2020(2) dt.21-10-2020 2/3 the revenue officer by manipulating in the Khata number and Khesra number of land in question and when the complainant objected, they abused and assaulted him.

It has been submitted on behalf of petitioners that they are innocent and have been falsely implicated in this case due to dirty village politics. It has been further submitted that Khata number and kheshra number does not belongs to the complainant and owner of the said land is Sachidanand. petitioners are bonafide purchaser of said land. Petitioners have no criminal antecedents.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, Petitioners are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, West, Muzaffarpur, in connection with Paroo P.S. Case No. 64 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with following conditions:-

(1) Bailors should be local having

Patna High Court CR. MISC. No.26095 of 2020(2) dt.21-10-2020 3/3 sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

(3) If petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/rajivU T