Sudhir Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61766 of 2018 Arising Out of PS. Case No.-233 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ======================================================

1. Sudhir Kumar,

2. Manish Kumar, Both Sons of Late Keshav Prasad Agrawal, R/oMohalla- Brahman Toli Durga Esthan, P.S.- Nagar, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsels for the petitioners and State.

The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420 and 468/34 of the IPC.

The prosecution case, as per the complaint petition is to the effect that the petitioners transferred a piece of land through registered sale deed dated 20.11.2017, wherein 12 feet wide lane for common use is incorporated in the sale deed on the western boundary of the land in question, but when the complainant got the certified copy of the sale deed, he found that the lane has been recorded as private

Patna High Court Cr.Misc. No.61766 of 2018(2) dt.06-10-2018 2/2 lane of the petitioners.

It is submitted by learned counsel for the petitioners that the complainant has the liberty to submit an application for rectification as the petitioners also admitted that the lane in question is a public lane and not a private lane. Learned APP submits that there is specific accusation against the petitioners.

Considering the nature of accusation arising out of civil dispute, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Muzaffarpur in connection with Muzaffarpur Complaint Case No. 233 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T