Nathuni Mahato And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.12025 of 2018 (2) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12025 of 2018 Arising Out of PS.Case No. -1937 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Nathuni Mahato, son of late Chokat Mahto, resident of villageNuniyawa Tola, Bahuarwa, P.S.-Gopalpur.

2. Abdul Rashid Miyan @ Rashid Miyan, son of Sujayat Miyan.

3. Bharat Yadav, son of late Shivnandan Yadav.

4. Mansoor Alam, son of late S.K. Haquim.

5. Manoj Kushwaha @ Manoj Mahto, son of late Jai Narain Mahto. All are resident of village- Bharbharwa, P.S.- Purushottampur, District- West Champaran.

.... .... Petitioners

Versus

1. The State of Bihar

2. Pramod Prasad Kushwaha, son of Late Bharat Prasad, resident of village- Bharbharwa, P.S.-Purushottampur, District- West Champarant. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Tr. No.3638 of 2016, arising out of Complaint Case No.1937C of 2016, registered for the offence punishable under Sections 147, 149, 323, 467, 368, 471, 504 and 506 of the Indian Penal Code.

Allegation has been made that petitioner no.1 has sold his land to petitioner no.2 and petitioner nos. 3 and 4 are witnesses of the execution of the sale deed.

Patna High Court Cr.Misc. No.12025 of 2018 (2) dt.27-02-2018 Learned counsel for the petitioners submits that the petitioner no.1 has sold his own share of land to petitioner no.2 and wrongly the case has been lodged against them. The Police has submitted the Final Form but on complaint the Court has taken cognizance.

Looking to the nature of allegation and also the fact that basically it is a land dispute, let the above-named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., IVth, Bettiah, West Champaran, in connection with Tr. No.3638 of 2016, arising out of Complaint Case no.1937C of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U T