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Patna High CourtCR. MISC./37257/2017bail granted

Rajendra Singh @ Rajendra Prasad Singh And ORS v. State Of Bihar And ANR

2017-08-19Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37257 of 2017 Arising Out of PS.Case No. -489 Year- 2016 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================

1. RAJENDRA SINGH @ RAJENDRA PRASAD SINGH, S/o Late Awadesh Rai, R/o Village- Khairahan, P.S.- Dehri, District- Rohtas.

2. Vinay Singh @ Vinay Kumar,

3. Manoj Singh @ Manoj Kumar,

4. Upendra Singh @ Upendra Kumar,

5. Ashok Singh @ Ashok Kumar, All son of Sri Rajendra Singh @ Rajendra Prasad Singh, R/o Village- Khairahan, P.S.- Dehri, DistrictRohtas. .... .... Petitioners/s

Versus

1. The State of Bihar.

2. Ravi Singh, S/o Sri Mathura Singh, R/o Vill- Khairahan, P.S.- Dehri, Dist- Rohtas.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Rajeev Kumar Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 The petitioners are apprehending their arrest in connection with Dehri (T) P.S. Case No. 489 of 2016, registered for offences punishable under Sections 420, 406, 467, 468, 469, 470, 471 and 120(B) of Indian Penal Code.

Allegation against the petitioners is that they on the basis of forged documents got the land of informant mutated in their names.

It has been submitted on behalf of the petitioners that earlier a gift deed of six bighas of land was executed in favour of

the petitioners, for which a title suit was declared in favour of the petitioner and appeal and also second appeal was decided in favour of the petitioners and, thereafter, the present false case has been filed making such type of allegations.

Heard learned A.P.P. and learned counsel for the informant, they have opposed the prayer for bail. Learned counsel for the informant has submitted that gift deed was with respect to some other land and on the basis of the said gift deed, petitioners have got the land of informant mutated.

Having heard both sides, in view of facts and circumstances of the case, let the petitioners above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Rohtas in connection with Dehri (T) P.S. Case No. 489 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part two appear before the police on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T