Ramadhar Ojha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.908 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- KOTWA District- East Champaran ======================================================

1. Ramadhar Ojha

2. Jagdish Narayan Ojha

3. Dipnarayan Ojha

4. Jitendra Kumar Ojha All Sons of Late Kamal Ojha, All residents of village- Badharwakala Tola Gaira, P.S. Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Kotwa P.S. Case No. 209 of 2018 registered for offence punishable under sections 420, 467, 468, 472/34 of the Indian Penal Code.

The FIR has been lodged against vendor and vendee of Gairmazarua land appertaining to Khata no. 629, Khesra no.2923. Noorjahan Khatoon, Sahajahan Khatoon and others are purchasers. The plea has been taken that the land which was a road when it was not used, the ex-land lord came in possession over the land and started selling the same.

Patna High Court Cr.Misc. No.908 of 2019(2) dt.28-01-2019 2/2 It has been submitted that the land in question was settled by Chitu Ojha and on that strength the transfer of the land has taken place.

Considering the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Kotwa P.S. Case No. 209 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Shivaji Pandey, J) mkchy/- U T