Gopal Prasad Bhagat And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33396 of 2016 Arising Out of PS.Case No. -551 Year- 2013 Thana -NAWADA District- NAWADA ======================================================

1. Gopal Prasad Bhagat, son of Late Ramchandra Prasad Bhagat,

2. Bijendra Kumar, son of Late Badri Pandit, Both residents of MohallaPurani Bazar, Nawada P.S.- Nawada in the district of Nawada. .... .... Petitioners

Versus

1. The State of Bihar.

2. Shanti Devi Wife of Hira Lal Sao Resident of Mohalla- Par Nawada Teli Tola, P.S.- Nawada, District- Nawada. Presently residing at 9 (A) Golf Club, Tollyganj Kolkata-33, P.S.- Yadavpur, District- 24 Pargana, West Bengal.

.... .... Opposite Partes.

====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nawada Town P.S. Case no. 551of 2013, registered under Sections 467, 468, 471, 420, 323 and 504 of the Indian Penal Code.

The accusation is that the petitioner got executed the sale deed of Plot No. 6101, Khata No. 107, Area 17. 1⁄2 Decimal of village Par Nawada Teli Tola of informant from Saroj Sao, son of the informant/complainant on payment of consideration of Rs. 13,20,000/-.

Patna High Court Cr.Misc. No.33396 of 2016 (2) dt.26-08-2016 2/2 Learned counsel for the petitioners submits that, in fact, Saroj Sao, son of the complainant/informant approached the petitioners to execute the sale deed saying that in partition the land had come in his share. Thereafter, petitioners got executed the sale deed as such the petitioners purchased the land bonafidly knowing that the said land was of the son of the informant after family partition.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 551 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J.) manish/- U T