Awadh Kishore Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24195 of 2018 Arising Out of PS.Case No. -287 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Awadh Kishore Paswan, S/o Jagdish Paswan, R/o Village- Madhopur Karamawa, P.S.- Sugauli, Dist.- East Champaran.

2. Suresh Yadav S/o Sri Mamila Yadav @ Mohila Yadav,

3. Soghi Yadav S/o Late Chandradeo Yadav, Both R/o Vill.- Senwariya Tola Amwa, P.S.- Majhaulia, Distt.- West Champaran.

4. Santosh Yadav S/o Late Ramchandra Yadav, R/o Vill.- Banhawara, P.S.- Jagdishpur, Distt.- West Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Bettiah Town P.S. Case No. 287 of 2017 registered for the offences punishable under Sections 406, 420, 120B, 419, 467, 468, 471, 427, 387, 323, 506 and 34 of the Indian Penal Code. Allegation as per FIR is that informant has purchased some land from the Bhuti Paswan, who later on died and agnates of Bhuti Paswan sold the said land to petitioners Nos. 2 and 3 despite having known to the fact that the land has already been sold.

Submission of learned counsel for the petitioners is that

Patna High Court Cr.Misc. No.24195 of 2018 (2) dt.02-05-2018 2/2 case diary shows that sale deed has already been executed by Bhuti Paswan in favour of petitioner No.1 prior to his death and sale deed has also been executed in favour of petitioners No. 2 and 3 by the agnate of Bhuti Paswan. Further submission is that the dispute is civil in nature.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Bettiah Town P.S. Case No. 287 of 2017, subject to the conditions under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U