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Patna High CourtCR. MISC./29966/2022bail granted

Nawal Kishore Singh v. The State Of Bihar

2022-09-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29966 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Nawal Kishore Singh Son Of Late Gagandeo Singh R/O Village- Jogauliya Chaubey Tola, Math, P.S.- Madhuban, District- East Champaran 2.

Jitendra Singh Son Of Late Gagandeo Singh R/O Village- Jogauliya Chaubey Tola, Math, P.S.- Madhuban, District- East Champaran 3.

Vishwanath Singh Son Of Late Satya Narayan Singh R/O Village- Jogauliya Chaubey Tola, Math, P.S.- Madhuban, District- East Champaran 4.

Ramu Singh @ Ramesh @ Ramesh Kumar Singh Son Of Late Chandradeo Singh R/O Village- Jogauliya Chaubey Tola, Math, P.S.- Madhuban, District- East Champaran 5.

Braj Kishore Singh Son Of Late Chandraeo Singh R/O Village- Jogauliya Chaubey Tola, Math, P.S.- Madhuban, District- East Champaran 6.

Vikash @ Vikash Singh @ Vikesh Singh Son Of Late Chandradeo Singh R/O Village- Jogauliya Chaubey Tola, Math, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-09-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420/406/34 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that all the nine FIR named accused persons including the petitioners obstructed the informant in taking possession of a piece of land on the basis of forged and fabricated documents. Accused persons threatened the informant and demanded Rs. 6 lacs from the informant in lieu of the said land.

Patna High Court CR. MISC. No.29966 of 2022(2) dt.29-09-2022 2/2 Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation of abusing and threatening the informant against all the accused persons and no specific overt act has been alleged against the petitioners. Dispute is of civil nature. It is further submitted that there is delay of six days in lodging of the FIR and there is no plausible explanation of delay.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released 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 Chief Judicial Magistrate I/C, Motihari, East Champaran in Madhuban Police Station Case No. 16 of 2022, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T