Ganesh Singh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25574 of 2023 Arising Out of PS. Case No.-347 Year-2022 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Ganesh Singh Yadav Son Of Late Raja Singh Resident Of Village - Rampur Joi, P.S.- Sheosagar, District - Rohtas.

2.

Jagmohan Singh Yadav Son Of Late Raja Singh Resident Of Village - Rampur Joi, P.S.- Sheosagar, District - Rohtas. 3.

Jagnarayan Singh Yadav Son Of Jagbali Singh Resident Of Village - Rampur Joi, P.S.- Sheosagar, District - Rohtas.

4.

Jagat Singh Yadav Son Of Ganesh Singh Yadav Resident Of Village - Rampur Joi, P.S.- Sheosagar, District - Rohtas. 5.

Digvijay Singh Yadav Son Of Ganesh Singh Yadav Resident Of Village - Rampur Joi, P.S.- Sheosagar, District - Rohtas. 6.

Devanand Singh Yadav Son Of Jagmohan Singh Yadav Resident Of Village - Rampur Joi, P.S.- Sheosagar, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 120B, 385 of the Indian Penal Code. As per FIR, the petitioners and other co-accused forcibly cultivating the land of the informant on the basis of forged sale deed which was executed in the year 1972 and 1974 and on that very sale deed Brij Mohan Singh who is Karta of the family has partitioned the land among the brothers. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.25574 of 2023(2) dt.12-07-2023 2/2 this case. He submits that the informant has filed Title Suit No. 1033 of 2022 against the petitioners which is still pending in the court of Sub-Judge-I, Sasaram. He submits that it is case of civil dispute and no criminal offence is attracted against the petitioners. He further submits that petitioner nos. 1, 2 and 3 are man of clean antecedent and petitioner nos. 4, 5 and 6 have criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sheosagar P.S. Case No. 347 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T