Brijesh Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33970 of 2020 Arising Out of PS. Case No.-16 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

Brijesh Kumar Verma Son of Late Mangal Prasad Resident of VillageBabhanauli, P.S.-Ramnagar, District-West Champaran. 4.

Lal Parikha Pal Son of Late Chokati Pal Resident of Village-Sigari Bahuari, P.S.-Ramnagar, District-West Champaran.

5.

Lalan Nunia @ Lalan Mukhiya Son of Mithu Choudhary Resident of Village-Sigari Thuthi Tola, Diulia, P.S.-Ramnagar, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

Vijay Kumar Prasad Son of Late Ramchandra Prasad Resident of banuchhapra, P.S. - Bettiah (Muffasil), District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-11-2022 Heard learned counsel for the petitioners, informant and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

The prosecution case as per complaint petition is that different consideration amounts have been taken by the petitioners from the complainant for executing

Patna High Court CR. MISC. No.33970 of 2020(3) dt.21-11-2022 2/3 sale deeds in his favour but neither sale deed was executed nor money has been returned and when the complainant demanded his money back, accused persons assaulted the complainant.

It is submitted by learned counsel for the petitioners that in the background of some land dispute, the present complaint has been lodged. The petitioners are not the owners of the lands in question. There is no supporting documents to show that such payment was ever made by the complainant to the petitioners. It is also submitted that the matter is purely civil in nature and the complaint case is an abuse of the process of the Court. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.33970 of 2020(3) dt.21-11-2022 3/3 each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 16 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T