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Patna High CourtCR. MISC./53194/2018bail granted

Anil Mahto @ Anil Kumar And ORS v. The State Of Bihar

2018-10-08Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53194 of 2018 Arising Out of PS.Case No. -205 Year- 2018 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Anil Mahto @ Anil Kumar S/o late Ramprit Mahto resident of MohallaLakridhahi.

2. Navin Sarda@ Naveen Sharda

3. Rajju Sharda@ Ajay Kumar Sharda Petitioner nos. 2 &3 are sons of late Sushil Sharda Both are resident of Mohalla- Jawahar lal Road, and resident of All petitioners come under P.S. Town, District- Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

08-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are seeking anticipatory bail in connection with Town P.S. Case No. 205/2018 registered under Sections 147, 149, 341, 342, 380, 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that they have been falsely implicated in the present case only to take revenge and to put pressure upon them. It is submitted that the whole dispute is with respect to the property which was already sold earlier by one Sri Hargopal Dudhbewala in the year 2006 to one Sri Shailesh Kumar Singh. Referring to Annexure-3 which is an order dated 19.06.2018 passed by learned S.D.J.M., (East) Muzaffarpur passed in M-365/2018 under Section 144 Cr.P.C.

Learned counsel submits that not only perusal

Patna High Court Cr.Misc. No.53194 of 2018 (2) dt.08-10-2018 of the said report would show but also in course of investigation police has found that the present case has been lodged as the informant was demanding some amount for vacating the premises and the dispute was over that. Learned counsel for the State is present.

Considering the facts and circumstances of the case wherein the disputes seems to be over a property and Annexure-3 to the present application is indicating towards the civil dispute, in the event of their arrest/surrender before the court below within four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Town P.S. Case No. 205/2018, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T