Laxman Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25608 of 2020 Arising Out of PS. Case No.-149 Year-2011 Thana- RAJPUR District- Buxar ====================================================== 1.
LAXMAN RAM, Son of Sudama Ram, 2.
Brij Narayan Ram, Son of Kishor Ram, Both Residents of Village - Kajaria, P.S.- Rajpur, District - Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha, Adv.
For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2020 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.
Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 420, 468, 471, 364, 120(B)/34 of the Indian Penal Code.
The prosecution case in brief is that one Ramglihi Ram
Patna High Court CR. MISC. No.25608 of 2020(2) dt.30-09-2020 2/3 filed a Complaint Case against the named accused persons on 21.11.2011 to the effect that named accused persons who are agnates by means of forge documents to grab the land of his brother through Late Lalmuni Devi wife of Late Banarsi Ram, who is brother of informant through registered deed and thereafter mutated the land.
Learned counsel for the petitioners submits that the petitioners are quite innocent and they have falsely been implicated in this case. The petitioners are purchaser of the land from Late Lalmuni Devi w/o Late Banarsi Ram who was brother of the informant died issueless and executed sale deed in the year 2008 and 2010 and thereafter mutated the land. He further submits that the informant has already filed a Title Suit for same land in question before learned Civil Court, Buxar vide Title Suit No. 248/2007 against the petitioners and others. After perusal of FIR, it is also apparent that the allegation is related to civil dispute and Title Suit has been already filed and no case is made out any section of Indian Penal Code. The petitioners are in custody since 09.02.2020 and have clean antecedent. Learned APP for the State opposes the prayer for bail petition.
Considering the aforesaid facts and circumstances, let
Patna High Court CR. MISC. No.25608 of 2020(2) dt.30-09-2020 3/3 the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in connection with Rajpur P.S. Case No. 149 of 2011.
(Anjani Kumar Sharan, J) amitkumar/- U T