Shri Kishun Singh @ Kishun Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60001 of 2018 Arising Out of PS. Case No.-60 Year-2018 Thana- PALANWA District- East Champaran ======================================================

1. Shri Kishun Singh @ Kishun Singh son of Late Mahatam Singh resident of Village : Tagunaha, Tola : Chandaria, P.S. : Chautarwa, District : West Champaran.

2. Parbhawati Devi wife of Udai Pratap Shahi resident of Village : Babu Parsauni, Tola : Majharia, P.S. Bathwaria, District : East Champaran.

3. Manoranjan Singh son of Late Jugul Singh resident of Village : Jaitapur, P.S. Palanwa, District East Champaran.

4. Panjabi Baitha son of Hira Baitha resident of Village : Jaitapur, Dhobia Tola, P.S. Palanwa, District : East Champaran.

5. Rajnarayan Shahi son of Udai Pratap Shahi resident of Village : Babu Parsauni, Tola : Majharia, P.S. Bathwaria, District : East Champaran.

6. Lal Saheb Singh son of Sri Kishun Singh resident of village : Lagunaha, P.S. Chautarwa, District : West Champaran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Palanwa P. S. Case No.60 of 2018 registered under Sections 420, 467, 468, 471, 452 and 120-B of the Indian Penal Code. Learned counsel for the petitioners submitted that there is no truth behind the allegation made in the FIR that the petitioners had sold the land of the complainant to accused no.

Patna High Court Cr.Misc. No.60001 of 2018(2) dt.10-12-2018 2/2

4. She contended that the informant is mama of petitioner no. 1, who had got the land of 2 bigha 4 katha in his share by way of partition and had in possession over the same. He had sold the aforestated land for which he was legally entitled. She further contended that the informant has also filed Title Suit No. 443 of 2016 before Sub-Judge-I, Motihari against the petitioners, which is still pending.

Learned counsel for the State has opposed the prayer for grant of bail to the petitioners.

Considering the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Raxaul at Motihari, District East Champaran in Palanwa P. S. Case No.60 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) kanchan/- U T