Brahamanand Paswan @ Brahamanand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38953 of 2023 Arising Out of PS. Case No.-281 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== 1.

BRAHAMANAND PASWAN @ BRAHAMANAND S/O RAM KISHUN PASWAN @ KISHUN PASWAN R/O Village- Balthar, P.S.-Barachatti, Dist.-Gaya 2.

JITENDRA DAS @ JITENDRA KUMAR DAS S/O PRAYAG DAS R/O Village-Chainpur, PS.-Barachatti, Dist.-Gaya 3.

MADAN KUMAR SINGH @ MADAN KUMAR S/O KULDIP R/O village- Pratapi, P.S.-Barachatti, Dist.-Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP For the Informant :

Mr.Nafisuzzoha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 467, 468 of the IPC.

3. Allegation against the petitioners is that they are involved in illegal mutation of land.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The present case has been lodged by the Circle Officer against the named accused

Patna High Court CR. MISC. No.38953 of 2023(2) dt.03-08-2023 2/2 persons including the petitioner. Circle Officer, Barachatti is himself the authority of Mutation and the said Amit Kumar on whose complaint, present FIR has been lodged is his collection agent. During the course enquiry some irregularities was found against the employees of Circle office, Barachatti and when Circle Officer realized his responsibility can also be fixed in the matter, lodged an FIR against the petitioners and others. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let them, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 in connection with Barachatti P.S. Case No.281 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T