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Patna High CourtCR. MISC./25252/2017bail granted

Munnu Kumar Tiwari @ Munna Kumar Tiwari And ORS v. The State Of Bihar

2017-09-07Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25252 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Munnu Kumar Tiwari @ Munna Kumar Tiwari son of Uma Shankar Tiwari

2. Akhilesh Kumar Tiwari son of late Ambika Tiwari

3. Surendra Mahto son of Mathura Mahto All are residents of village - Bharwaliya, Police Station - Majhaulia, District - West Champaran. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bettiah Town P.S. Case no. 15 of 2017, registered under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code. The accusation is that on 06.01.2017 petitioners along with Hariom Prasad @ Hariom Shahi reached at the agricultural field of the complainant, which was being looked after by Bayash Raut and told that they managed to got execute the sale deed in respect of the said land and they will took the possession. Thereafter, Bayash Raut informed the matter to him, then he went to Registry office and came to know that his land was sold by Hariom Prasad @ Hariom Shahi to

Patna High Court Cr.Misc. No.25252 of 2017 (3) dt.07-09-2017 2/2 petitioner No.1 Munnu Kumar Tiwari @ Munna Kumar Tiwari on the sale deed, petitioner No.2 and 3 put their signature as witness. Learned counsel for the petitioners submits that, in fact, Hariom Prasad @ Hariom Shahi vendor who executed the sale deed in favour of the petitioner No.1 is nephew of informant and only to give undue pressure, the present case has been filed. Moreover, Hariom Prasad @ Hariom Shahi vendee has not made any complaint about obtaining the forged sale deed by the petitioner No.1 on which petitioner No.2 put his signature.

Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 15 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T