Kamta Prasad Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44828 of 2015 Arising Out of PS.Case No. -187 Year- 2014 Thana -NARDIGANJ District- NAWADA ======================================================

1. Kamta Prasad Singh son of Late Raj Kumar Singh.

2. Mithilesh Singh son of Late Lakhan Singh.

3. Subhash Kumar son of Kamta Prasad Singh.

All residents of village- Handia, P.S.- Nardiganj, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120B, 506 of the Indian Penal Code.

The prosecution case is that the petitioners got executed sale-deed with regard to the land and house of the informant from one Bachho Singh in order to dispossess the informant.

It is submitted by the learned counsel for the petitioners that the alleged land is recorded jointly in the name of Baijnath Singh, S/o Ram Pati Singh and Amola Kuwar, W/o Bodha Singh. The vendor of the petitioner is the son of Baccho

Patna High Court Cr.Misc. No.44828 of 2015 (3) dt.30-10-2015 Singh. The informant has also filed Title Suit for the same cause of action, whereas it is submitted by the learned counsel for the informant that Baccho Singh was issueless and the petitioners' side have claimed the land in question through a forged sale deed got executed by the fixititious person namely Bachho Singh.

Considering the nature of accusation arising out of civil nature of dispute and Title Suit being pending between the parties, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nardiganj P.S. Case No. 187 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T