← Library
Patna High CourtCR. MISC./2426/2017bail granted

Ravi Ranjan Choubey @ Bablu Choubey v. State Of Bihar And ANR

2017-02-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2426 of 2017 Arising Out of PS.Case No. -16 Year- 2014 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Ravi Ranjan Choubey @ Bablu Choubey, S/o Late Nagesg Choubey, R/o Vill- Atrawna, P.S.- Itarhi, Dist- Buxar.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Lalji Choubey, S/o Late Sri Man Narayan Choubey, R?o Vill- Ahirouli, P.S.- Buxar (Ind), District- Buxar.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Buxar (Ind.) P.S. Case no. 16 of 2014, registered under Sections 323, 341, 467, 468, 471, 420 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation of complainant Laljee Choubey is that on 28.11.1985, he got executed the sale deed regarding the land of Khata No. 85 in village Ahiroli from Kalawati Devi in the name of his father and three brothers. Later on, Kalawati Devi, with intention to harass them, managed to execute the power of attorney by her three sons regarding the same land in favour of Dharmraj Singh, who executed the sale deed to their relations regarding which he lodged the Buxar Industrial P.S. Case No. 121 of 2012. In the meantime, on 30.12.2013

Patna High Court Cr.Misc. No.2426 of 2017 (2) dt.22-02-2017 2/2 Kalawati Devi also executed the sale deed in respect of the same land in favour of Shree Ram Singh on which this petitioner also put his signature as a witness.

Learned counsel for the petitioner submits that the petitioner is simply a witness of the sale deed, which is said to be executed by the Kalawati Devi in favour of Shree Ram Singh and Sanjay Singh while the said land was already been sold by Kalawati Devi in favour of brother and father of the complainant. Moreover, in the present case, the dispute has been settled and in this regard an application has also been filed in the Court of Chief Judicial Magistrate, Buxar.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in connection with Buxar (Ind.) P.S. Case No. 16 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T