Manoj Prasad Jaiswal @ Manoj Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35161 of 2019 Arising Out of PS. Case No.-424 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
MANOJ PRASAD JAISWAL @ MANOJ PRASAD, Male, aged about 45 years, Son of Late Gopal Prasad Sah Resident of Village - Bijwai, P.S.- Jitna, District- East Champaran 2.
Ravi Prasad Jaiswal @ Ravi Kumar, Male, aged about 30 years, Son of Late Gaurishankar Prasad Resident of Village - Bijwai, P.S.- Jitna, District- East Champaran 3.
Raj Kumar, Male, aged about 44 years, Son of Late Ganesh Prasad Resident of Village - Bijwai, P.S.- Jitna, District- East Champaran 4.
Hari Prasad Sah @ Hari Prasad, Male, aged about 61 years, Son of Kedarnath Chaudhary Resident of Village - Bijwai, P.S.- Jitna, District- East Champaran 5.
Rajmangal Rai, Male, aged about 43 years, Son of Late Ramagya Rai Resident of Village - Bijwai, P.S.- Jitna, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sangeet Deokuliar For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 120B, 467, 468, 471, 420, 384 and 387 of the Indian Penal Code. The prosecution case in brief is that petitioner nos.1 and 2 had allegedly executed the land of the informant in favour
Patna High Court CR. MISC. No.35161 of 2019(2) dt.29-05-2019 2/3 of petitioner no.5 The contention of the petitioners is that the informant is Pattidar of the petitioners, and the land in question, which has been executed by the petitioner nos.1 and 2 in favour of petitioner no.5, is their own ancestral property. It is out and out a case of civil dispute and only with a view to settle the dispute this criminal case has been instituted against the petitioner. Petitioner no.3 is the witness of the said deed and petitioner no.4 is writer of the deed. Petitioners have got no criminal 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 Sub Divisional Judicial Magistrate, Sikarahana at Dhaka, East Champaran/successor Court in connection with Ghorasahan P.S. Case No. 424 of 2018, 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
Patna High Court CR. MISC. No.35161 of 2019(2) dt.29-05-2019 3/3 shall be at liberty to cancel the bail bonds of the petitioners. (Prabhat Kumar Singh, J) B.Kr./- U T