Rohit Kumar Singhania v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29044 of 2019 Arising Out of PS. Case No.-615 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

ROHIT KUMAR SINGHANIA 2.

Praveen Kumar Singhania @ Parween Kumar Singhania @ Praveen Kumar 3.

Kailash Kumar Singhania All are sons of Om Prakash Singhania, Resident of Mohalla- Lal Bazar, P.S.- Bettiah Town, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Bettiah (T) Police Station Case No. 615 of 2018 disclosing offences punishable under Sections 406/420/467/ 468/471/120B/34/387 of the Indian Penal Code. The petitioners are full brothers. The informant is the agnate of the petitioners.

Allegedly, petitioner no. 3 has executed a sale deed in favour of co-accused, Mansur Ali, in respect of a land, which had fallen in the share of the informant after partition. Learned Counsel appearing on behalf of the

Patna High Court CR. MISC. No.29044 of 2019(2) dt.02-05-2019 2/2 petitioners has submitted that the land, in respect of which a sale deed has been executed by petitioner no. 3, belongs to him after partition and the dispute, if any, is of civil nature, which has been given a colour of criminal case.

Considering the facts and circumstances, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah (T) Police Station Case No. 615 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Ashish/RaginiU T