Jodha Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34815 of 2023 Arising Out of PS. Case No.-291 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Jodha Pandit Son Of Bhuali Pandit Resident Of Village - Chuhari, P.S. - Chanpatiya, Distt. - West Champaran 2.

Motilal Kumar Son Of Asharfi Sah Resident Of Village - Koraiya, P.S. - Sugauli, Distt. - East Champaran 3.

Shiv Shankar Sah Son Of Late Nagina Sah Resident Of Village - Belaith Kurmi Tola, P.S. - Sugauli, Distt. - East Champaran 4.

Ashok Kumar Son Of Late Paramhans Bhagat Resident Of Village - Shripur Bhatwaliya, P.S. - Sugauli, Distt. - East Champaran 5.

Pappu Paswan Son Of Dadan Paswan Resident Of Village - Koraiya, P.S. - Sugauli, Distt. - East Champaran 6.

Deepak Kumar Son Of Heeralal Sah Resident Of Village - Koraiya, P.S. - Sugauli, Distt. - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Heeralal Pandit Son of Bigu Pandit Resident of village - Koraiya, P.S. - Sugauli, Distt. - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners, learned counsel for the complainant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 467, 468, 120B/34 of the Indian Penal Code.

3. As per FIR, petitioner no. 1 had executed a sale deed on 10.06.2020 of Khata No. 19, Khesra No. 289 area 3

Patna High Court CR. MISC. No.34815 of 2023(3) dt.10-10-2023 2/3 katha is in the name of petitioner nos. 3 and 4 and another sale deed of Khata, Khesara land and on both sale deeds, the petitioner nos. 5 and 6 are the witness and identifier.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that the petitioners and the complainant are the co-sharer. He submits that the complainant has already filed a civil suit i.e. Title Suit No. 05 of 2022 before the learned court below. He further submits that petitioner nos. 2 and 3 have one criminal antecedent and rest of the petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the complainant oppose the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that it is a case of purely a civil dispute, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court

Patna High Court CR. MISC. No.34815 of 2023(3) dt.10-10-2023 3/3 in connection with Complaint Case No. 291 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T