Ramdhani Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34295 of 2021 Arising Out of PS. Case No.-432 Year-2020 Thana- DHAKA District- East Champaran ====================================================== 1.

Ramdhani Rai Son Of Malik Rai R/O Village- Rampur Tola, Mohaddipur (MEHADDIPUR), P.S.- Chairiya, District- East Champaran. 2.

Umesh Prasad Yadav @ Umesh Kumar Yadav Son Of Gajendra Rai R/O Village- Rampur Tola, Mohaddipur (MEHADDIPUR), P.S.- Chairiya, District- East Champaran.

3.

Ramakant Prasad Son Of Late Mahadeo Rai R/O Village- Rampur Tola, Mohaddipur (MEHADDIPUR), P.S.- Chairiya, District- East Champaran. 4.

Manoj Singh Son Of Jai Karan Singh R/O Village- Rampur, P.S.- Chiraiya, District- East Champaran.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Dhaka P.S. Case No. 432 of 2020 registered under Sections 467, 468, 471, 420/34 of the Indian Penal Code.

Allegedly, the co-accused namely Ranjan Kumar Mishra sold the land belonging to the informant by committing forgery. It has been submitted on behalf of the petitioners that the petitioner No. 3 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners.

Patna High Court CR. MISC. No.34295 of 2021(2) dt.23-05-2022 2/2 The petitioners have been made accused in the present case due to mistake of fact. Sale deeds were executed by co-accused namely Ranjan Kumar Mishra. The sale deeds in question are said to be a fake one. The sale deeds were in respect of pieces of land. The matter relates to civil dispute. So far petitioners are concerned, they are purchasers of the land in question.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate-, Sikrahana at Dhaka, Motihari, East Champaran in connection with Dhaka P.S. Case No. 432 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T