Sunil Kumar @ Sunil Chaudhary @ Loha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31065 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Sunil Kumar @ Sunil Chaudhary @ Loha Singh Son Of Late Yugeshwar Chaudhary Resident Of Village - Mohiuddin Nagar, Paschim Bazar, P.S.- Mohiuddin Nagar, District - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37138 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.

LAGANI DEVI Wife of Sanjeet Choudhary Resident of village - Khesraha, P.S. - Vidyapatinagar, Distt. - Samastipur 2.

Sanjeet Choudhary Son of Nisi Lal Choudhary Resident of village - Khesraha, P.S. - Vidyapatinagar, Distt. - Samastipur 3.

Manish Kumar Son of Sanjeet Choudhary Resident of village - Khesraha, P.S. - Vidyapatinagar, Distt. - Samastipur 4.

Md. Ehsan Son of Md. Raish Resident of village - Khesraha, P.S. - Vidyapatinagar, Distt. - Samastipur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 31065 of 2023) For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Amit Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP For the Informant :

Mr. Naresh Chandra Verma, Advocate Mr. Natraj Verma, Advocate (In CRIMINAL MISCELLANEOUS No. 37138 of 2023) For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP For the Informant :

Mr. Naresh Chandra Verma, Advocate Mr. Natraj Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this

Patna High Court CR. MISC. No.31065 of 2023(2) dt.17-07-2023 2/3 common order.

2. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 465, 467, 468, 354, 469, 471, 120(B), 323, 341, 379, 504, 506 and 420 of the Indian Penal Code.

4. The allegation against the petitioners is that they along with other accused persons, with conspiracy to each other, got executed land of the informant by adducing a fake lady.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that as a matter of fact that one co-sharer and family member of the petitioner, Amir Lal Choudhary has his only daughter Meena Devi who married with Vishwanath Chaudhary who living behind their only daughter Lagni Devi and said Lagni Devi sold her share of land inherited from said Meena Devi and Amir Lal Choudhary. He further submits that one title suit No. 82 of 2022 is also pending between the parties. Petitioner in Cr.

Patna High Court CR. MISC. No.31065 of 2023(2) dt.17-07-2023 3/3 Misc. No. 31065 of 2023 have no criminal antecedent and petitioners in Cr. Misc. No. 37138 of 2023 i.e. petitioners no. 1, 2 and 4 have no criminal antecedent and petitioner no. 3 has one criminal antecedent as mentioned in para-3 of this application.

6. Learned APP for the State and learned counsel for the opposite party no. 2 opposed prayer for anticipatory bail.

7. Having regard to the facts and circumstances of the case and the fact that there is civil nature dispute between the parties, 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 six weeks from today, 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 lower Court where the case is pending/successor Court in connection with Mohiuddin Nagar P.S. Case No.75 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T