Shivam Chaudhary @ Shivam Choudhary @ Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35878 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.
Manish Kumar S/O Ram Prabodh Thakur R/O Village- Dhanushi, P.SHathauri, Distt.- Muzaffarpur. 2.
Priyanka Kumari @ Priyanka Kumar W/O Manish Kumar R/O VillageDhanushi, P.S- Hathauri, Distt.- Muzaffarpur ... ... Petitioners
Versus
The State Of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Singh, Advocate For the Opposite Party/s :
Mr.Navin Kr Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2023 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 467,468,471,420, 120B,504,506,308/34 of the Indian Penal Code.
3. As per the prosecution case, petitioners knowingly purchased a disputed land which was of the share of the informant, through co-accused Rajni Ranjan.
4. It is submitted on behalf of the petitioners that petitioners are bona fide purchaser of the land in question through sale deed after payment of due consideration amount to the informant. They have not cheated the informant nor any forged document was prepared by them. The purchased land was in the name of Ambika Thakur, ancestor of co-accused Rajni Ranjan and after partition, the same came in share of coaccused Rajni Ranjan. Moreover, on account of typographical mistake in the sale deed Late Ambika Thakur was typed and when the same was detected, then a deed of rectification dated 24.2.2023 was executed before the Sub-Registrar, Muzaffarpur. Petitioners claim clean antecedent.
5. Considering the aforesaid facts of the case, prayer
Patna High Court CR. MISC. No.35878 of 2023(2) dt.27-07-2023 2/2 for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Court No.10 Judicial Magistrate 1st class Muzaffarpur East in GR No.948 of 2023/Hathauri Police Station Case No. 33 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T