Patna High CourtCR. MISC./33703/2016bail granted

Bajrangbali Singh v. The State Of Bihar

2016-08-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33703 of 2016 Arising Out of PS.Case No. -310 Year- 2014 Thana -BARHARIA District- SIWAN ====================================================== Bajrangbali Singh, S/o Ramnaresh Singh, Resident of village- Teliyabandhn Tola Bargachia, P.S.- Manjhagarh, District- Gopalganj. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kant, Advocate For the Opposite Party : Mr. Sri Jagdhar Prasad(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks pre-arrest bail in connection with Barharia P.S. Case No. 310 of 2014 registered for the offences punishable under Sections 420, 467, 468, 471, 120 of the Indian Penal Code On behalf of the petitioner it is submitted that the petitioner has been implicated falsely in this case, admittedly there is land dispute between the parties, no offence as alleged is made out. Title Suit No. 401 of 2013 is going on in the Court of SubJudge, Siwan wherein the petitioner is one of the plaintiff and the informant Umashankar Singh is defendant no.1. It is not a case that sale deed was got executed by a fake person. The petitioner has sold his share only, he is co-sharer of the land recorded in the

Patna High Court Cr.Misc. No.33703 of 2016 (2) dt.20-08-2016 2/2 name of one Gajadhar Singh. This case is purely of civil nature and purely family dispute.

Learned A.P.P. however opposed the prayer of prearrest bail. In the facts and circumstances stated above, considering the Title Suit is going on between the parties, wherein the petitioner is one of the plaintiff and informant is one of the defendant and as such, the petitioner in case of his arrest or surrender within one month from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Siwan, in connection with Barharia P.S. Case No. 310 of 2014, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T