Amaresh Kumar @ Kamlesh Kumar @ Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38082 of 2022 Arising Out of PS. Case No.-279 Year-2020 Thana- MANSI District- Khagaria ====================================================== 1.

AMARESH KUMAR @ KAMLESH KUMAR @ MITHUN KUMAR Son of Sri Chetnarayan Ray @ Borhan Ray Resident of Village- Gaura Shakhi Tola Chatra, Ward No. 2 , P.s.- Muffasil, District- Khagaria 2.

Deepak Kumar Son of Late kailash Ray Resident of Village- Gaura Shakhi Tola Chatra, Ward No. 2 , P.s.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shivdani Ray Son of Late Priyawart Ray Resident of Village- GauraShakhi Tola Chatra, Ward No. 8 , P.s.- Muffasil, District- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Opposite Party/s :

Mr.Ramchandra Sahni Mr.Rajesh Pd. Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 406, 420, 467, 468/34 of the Indian Penal Code.

As per the prosecution case, it is alleged by the informant that a land, over which he has been coming in possession for last several years, has been unauthorizedly sold by his co-villager Amresh Kumar (petitioner no. 1) in favour of one Ambika Lal.

It is submitted on behalf of petitioners that it is out-

Patna High Court CR. MISC. No.38082 of 2022(5) dt.01-12-2022 2/2 and-out a civil dispute. For the same piece of land, informant has already filed a title suit, vide T.S. No. 58/2021, which is pending in the court of learned Sub-Judge I, Khagaria. It is further submitted that the instant case has been lodged after a delay of about one month of the alleged occurrence. Learned counsel for the informant vehemently opposes the prayer for anticipatory bail of petitioners. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Mansi P.S. Case No. 279 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T