Ranjeet Ishwar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36468 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Ranjeet Ishwar S/o Late Yogendra Ishwar.

2. Ramanand Mukhiya @ Khiddi Mukhiya, S/o Late Uchit Mukhiya. Both Resident of Village- Rampur, P.S.- Bakhri, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 02-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bakhri P.S. Case No.92 of 2016 registered under Sections 406, 420 and 427 of the Indian Penal Code.

The accusation is that the petitioner no.1 Ranjeet Ishwar leased out 3 Bighas, 15 Kathas and 2 Dhoors of land in the year 2012 in favour of the informant on payment of Rs.1,00,000/- covering for fishing for ten years. Rs.20,000/- was to be paid at end of the period of lease. Thereafter, the informant started fishing on the pond of the said land but on 20.05.2016, the petitioner no.1 Ranjeet Ishwar alongwith petitioner no.2 Ramanand Mukhiya alias Khiddi Mukhiya came and forbade the informant for fishing saying that the pond has been leased

Patna High Court Cr.Misc. No.36468 of 2016 (2) dt.02-09-2016 2/2 out to the petitioner no.2 Ramanand Mukhiya alias Khiddi Mukhiya. As such, the petitioner no.1 Ranjeet Ishwar in collusion with petitioner no.2 Ramanand Mukhiya alias Khiddi Mukhiya committed fraud with the informant.

Learned counsel for the petitioners submits that, in fact, there is no document of executing the lease deed by the petitioner no.1 Ranjeet Ishwar in favour of the informant regarding the said land and only to put pressure upon the petitioners, the informant has lodged this false case. Moreover, the allegation, as made in the F.I.R., appears to be civil in nature.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Begusarai, in connection with Bakhri P.S. Case No.92 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T