Brahmdeo Lal And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21586 of 2017 Arising Out of PS.Case No. -499 Year- 2016 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================
1. Brahmdeo Lal, son of Late Shiv Dhan Lal, resident of VillageNainizore Khurd, Police Station- Brahmpur (Nainizore), District- Buxar.
2. Raj Kishore Choudhary, S/o Dipan Choudhary, resident of VillageBhimpatti (Choudhary Tola), Police Station- Shahpur, District- Bhojpur.
3. Moti Lal Tiwary, S/o Dhaja Tiwary, resident of Village- Barki Nainizore, Police Station- Brahmpur (Nainizore), District- Buxar. .... .... Petitioners
Versus
1. The State of Bihar.
2. Ramayan Lal, son of Late Gupteshwar Lal, resident of villageBhimpatti (Kayasth Tola), Police Station- Shahpur, District- Bhojpur. .... .... Opposite Parties.
====================================================== Appearance :
For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Sri Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-07-2017 Heard learned Senior Counsel for the petitioners, learned counsel for the State and learned counsel for opposite party no.2.
The petitioners seek pre-arrest bail in connection with Complaint Case No. 499(C) of 2016 registered under Sections 420, 423, 468 and 120-B of the Indian Penal Code. Learned Senior Counsel appearing for the petitioner submitted that even if the entire allegations made in the
Patna High Court Cr.Misc. No.21586 of 2017 (4) dt.06-07-2017 2/2 complaint are taken to be true at their face value, the ingredients of the offences alleged would not be attracted against the petitioners. He submitted that according to the complaint, petitioner no. 1 is purchaser of a piece of land whereas petitioner no. 2 is witness to the sale deed and petitioner no. 3 had identified the signature of the vendor.
Having regard to the nature of accusation and the fact that the petitioners are men of clean antecedent having roots in the society and are not likely to flee from justice, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in Complaint Case No. 499(C) of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J.) Kanchan/- U T