Patna High CourtCR. MISC./41843/2016bail granted

Ashok Tiwary And ANR v. State Of Bihar And ANR

2016-10-06Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court Cr.Misc. No.41843 of 2016 (2) dt.06-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41843 of 2016 Arising Out of PS.Case No. -41 Year- 2016 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================

1. Ashok Tiwary son of late Ramanuj Tiwary Resident of Girihinda, P.S. and District Sheikhpura.

2. Abu Fatah son of late Md. Idish resident of Katani Kal, P.S.and District Sheikhpura .... .... Petitioner/s

Versus

1. State of Bihar

2. Saiyad Umardaraz Son of late Abbu Muzaffar resident of Katani Kal. PS.and District- Sheikhpura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 06-10-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners, Ashok Tiwary and Abu Fatah, apprehend their arrest in Complaint Case No. 41C of 2016 under Sections 420, 467, 468, 469/34. 120B of the Indian Penal Code. According to the complaint case, the accused persons purchased the same property, which has been purchased by the complainant by registered sale deed and in the registered sale deed said to have been executed in favour of the accused persons is witnessed by these petitioners.

According to the petitioners, except the allegation

Patna High Court Cr.Misc. No.41843 of 2016 (2) dt.06-10-2016 that the petitioners are the wetness in the registered sale deed and admittedly the registered sale deed has been challenged in T.S. No. 17 of 2016 pending in the court of Sub-Judge, Sheikhpura, there is nothing against the petitioners.

Considering the facts and circumstances of the case, I direct the petitioners, above named, to surrender before the court below within one month from today and on their so surrendering, the court below shall release the petitioners on furnishing bail bond of Rs. 5,000/- (five thousand only) each with two sureties each of the like amount to the satisfaction of the learned A.C.J.M., Sheikhpura in connection with Complaint Case No. 41C of 2016 subject to the condition as laid down under Section 438(2) Cr.P.C. Brajesh/- (Mungeshwar Sahoo, J) U T