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Patna High CourtCR. MISC./28320/2022bail granted

Sanjay Kumar v. The State Of Bihar

2022-10-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28320 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== 1.

Sanjay Kumar S/O Mr. Bharat Yadav R/O Village- Sri Khandi Bhittha, P.S.- Sursad, District- Sitamarhi 2.

Badri Mahto S/O Late Bauyelal Mahto R/O Village- Sri Khandi Bhittha, P.S.- Sursad, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2022 Heard learned counsel for the petitioners, informant and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 468, 467, 471, 120(B)/34 of the Indian Penal Code.

It is alleged by the informant that co-accused Prakash Kumar Jha has sold the land of the informant to the petitioners without having valid title and interest over the land in question and co-accused Sumit Paswan and Indra Kumar were made witness to the sale deed.

Patna High Court CR. MISC. No.28320 of 2022(2) dt.12-10-2022 2/3 It is submitted by learned counsel for the petitioners that in the background of some land dispute, the present F.I.R has been registered. It is further submitted that informant and co-accused Prakash Jha(Vendor) are agnates. The land in question was in his possession and he has rightly sold the land to the petitioners. The petitioners are purchasers of the land in question. Moreover, for a civil nature of dispute, the petitioners have been roped in the criminal prosecution. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Class, Pupri, Sitamarhi in connection with Sursand P.S. Case

Patna High Court CR. MISC. No.28320 of 2022(2) dt.12-10-2022 3/3 No. 62 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T