Mithilesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39504 of 2019 Arising Out of P.S. Case No.-62 Year-2014 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

MITHILESH KUMAR SINGH, Male, aged about 69 years, Son of Late Jainandan Singh Resident of Village-Kolhaura (Domuhan), P.S-Bodhgaya, District-Gaya.

2.

Ajay Kumar Singh, Male, aged about 55 years, Son of Late Jainandan Singh Resident of Village-Kolhaura (Domuhan), P.S-Bodhgaya, District-Gaya. ... ... Petitioners

Versus

1.

THE STATE OF BIHAR 2.

Mahendra Yadav Son of Sri Dukhi Yadav Resident of Village-Mahabadpur, P.S.-Shergati, District-Gaya.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Rama Kant Singh, Advocate For the Opposite Parties :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Complaint Case No.62 of 2014 registered for the offences punishable under Sections 420, 467, 468 and 120B of the Indian Penal Code.

From perusal of the complaint petition, it is clear that the allegation against these petitioners is that though they have transferred land to the complainant vide registered sale deed but when the complainant applied for mutation, the same was not mutated with remark that the demand of the land is not existing in the name of the vendor.

It is submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.39504 of 2019(4) dt.09-09-2019 2/2 land in question is mutated in the name of grand-father of the petitioners and after khangi partition land belongs to the petitioners' share. It is further submitted that the petitioners have falsely been implicated in this case due to dirty village politics. It is further submitted that no cheating and fraud has been committed by the petitioners. Petitioners having clean antecedent.

Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released 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 Judicial Magistrate, Ist Class, Gaya/successor Court in connection with Complaint Case No.62 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners. B.Kr./- (Prabhat Kumar Singh, J) U T