Ajay Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24542 of 2022 Arising Out of PS. Case No.-751 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.
Ajay Kumar Sinha Son Of Late Nand Kishore Prasad Resident Of Village - Singhaul, Ward No.01, P.S.- Muffasil, Distt.- Begusarai. 2.
Vijay Kumar Sinha Son Of Late Nand Kishore Prasad Resident Of Village - Singhaul, Ward No.01, P.S.- Muffasil, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25863 of 2022 Arising Out of PS. Case No.-751 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Md. Irshad Alam S/O Md. Isha R/O Village- Singhaul, P.S.- Begusarai Muffasil (Singhaul O.P.), District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 24542 of 2022) For the Petitioner/s :
Mr.Shivam For the Opposite Party/s :
Mr. H.A. Khan (In CRIMINAL MISCELLANEOUS No. 25863 of 2022) For the Petitioner/s :
Mr.Ravindra Kumar For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 166, 167,
Patna High Court CR. MISC. No.24542 of 2022(2) dt.31-08-2022 2/3 420, 466, 467, 468, 471, 472, 473, 474, 477, 504, 506, 120B/34 of the Indian Penal Code.
Petitioners are said to have sold the land of the informant.
It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that earlier title suit was filed between the parties and decided in favour of Sri Nand Kishre Prasad father of the petitioners. He submits that against the judgment and order of decree, the defendant have preferred F.A. No. 540 of 1994 and due to non-compliance of the order, the said appeal stood dismissed on 26.08.2015. He submits that the informant has filed case against these petitioners with a view to take advantage of them and the present case is purely in civil nature. He submits that petitioner in Cr. Misc. No. 25863 of 2022 is a witness. He further submits that petitioners in Cr. Misc. No. 24542 of 2022 have no criminal antecedent whereas petitioner in Cr. Misc. No. 25863 of 2022 has one criminal antecedent as stated in para-3 of these applications. Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the
Patna High Court CR. MISC. No.24542 of 2022(2) dt.31-08-2022 3/3 case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nagar P.S. Case No. 751 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T