Ramesh Yadav @ Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47443 of 2021 Arising Out of PS. Case No.-299 Year-2021 Thana- NAWADA District- Nawada ======================================================

1. RAMESH YADAV @ RAMESH KUMAR S/o Pavitar Yadav, resident of village-Gonawan Tola, Moti Bigha, P.S. Nagar, District-Nawadah.

2. Upendra Kumar S/o Rameshwar Prasad, R/o Moti Bigha, Jal Mandir, Gonawan, P.S. Nagar, District-Nawadah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-08-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as the learned counsel for the informant.

The petitioners apprehend their arrest in connection with Nawadah P.S. Case No. 299 of 2021 registered for offence punishable under sections 420, 467, 468, 471, 354, 385, 323, 379, 504 and 506/34 of the Indian Penal Code.

As per allegation, the petitioners purchased some land of the informant and his brother after colluding with an imposter. As per allegation, the informant never executed sale deed in favour of the petitioners.

The learned counsel for the petitioners has submitted that the brother of the informant filed Title Suit No. 187 of 2021 against the informant and in paragraph no. 4 of the plaint, he has

Patna High Court CR. MISC. No.47443 of 2021(8) dt.31-08-2022 2/2 stated that the informant turned dishonestly and he sold 5 1⁄2 dismal of land in favour of the petitioners. The informant was directed to file his written statement, vide order dated 26.07.2022, but he did not comply with the order and did not file the written statement. The recital of the plaint shows that the brother of the informant himself made allegation that it was the informant, who executed the sale deed in favour of the petitioners. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah in connection with Nawadah P.S. Case No. 299 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T