Dinesh Prasad Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46885 of 2016 Arising Out of PS.Case No. -1752 Year- 2013 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Dinesh Prasad Singh,

2. Umesh Prasad Singh

3. Ramesh Prasad Singh,

4. Mahesh Prasad Singh All sons of Late Vishwanath Prasad Singh @ Ramjee Singh, resident of Village- Sukhanagar, P.S.- Pratapganj, DistrictSupaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ashok Kumar singh S/o Late Ganganand Singh, Rsident of VillageRadhanagar, P.S. Raghopur, District- Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2016 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 1752/2013, registered for the offences punishable under Sections 420, 467, 468 and 120B of the Indian Penal Code. The complainant alleged that he purchased 9 acres of land and he executed a sale-deed with regard to the some portion of land to different persons but the petitioners again sold the same land in the name of Basudev Mukhiya, Chhotelal Mukhiya and Lalo Mukhiya in the year 2011.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.46885 of 2016 (2) dt.13-12-2016 2/3 petitioners did not sell the land to anybody else after execution of the sale deed. Some portion of land of the petitioners remained with him and the petitioners sold their own lands in favour of Basudev Mukhiya and others. The dispute is of civil nature, but the learned counsel for the informant opposed the prayer for anticipatory bail.

It appears that the learned counsel for the informant did not present any documents to show that the land sold by the petitioners was earlier sold in favour of the complainantinformant. Considering the facts aforesaid and the fact that the dispute is of civil nature, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saharsa, in connection with Complaint Case No. 1752/2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi

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