Sudhist Prasad Mandal @ Sudhish Prasad Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17515 of 2015 Arising Out of PS.Case No. -127 Year- 2014 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ======================================================
1. Sudhist Prasad Mandal @ Sudhish Prasad Mandal Son of Late Kinnu Prasad Mandal
2. Yogendra Kumar Son of Sudhish Prasad Mandal
3. Shyam Sunder Kumar @ Shyam Sunder Yadav Son of Sudhish Prasad Mandal All residents of Village - Dandari, Police Station - Singheshwar, District - Madhepura.
4. Sukhsagar Prasad Yadav Son of Late Parmeshwari Yadav resident of Village - Bari, P.S. - Shankarpur, District - Madhepura.
5. Alok Kumar Son of Sudhish Prasad Mandal Resident of Village - Dandari, Police Station - Singheshwar, District - Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Parmanand Kumar, Advocate For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-05-2015 It is submitted by the learned counsel for the petitioners that petitioner no. 3 has been arrested and his anticipatory bail application has become infructuous. Heard learned counsel for the petitioner nos. 1, 2, 4 and 5 and the State.
The petitioner nos.
1, 2, and are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 386, 120B/34 of the Indian Penal Code.
It is alleged that petitioners created forged
Patna High Court Cr.Misc. No.17515 of 2015 (2) dt.15-05-2015 documents with regard to the land of the informant by claiming to have purchased through various deeds from different persons. Petitioner no. 1 purchased the land vide deed no. 5563 dated 14.06.2003 from late Dev Kumari Devi, petitioner no. 2 Yogendra Kumar, petitioner no. 3 Shyam Sunder Kumar @ Shyam Sunder Yadav and petitioner no. 5 Alok Kumar claimed to have purchased the land vide deed no. 7722 dated 25.09.1995, whereas petitioner no. 4 Sukhsagar Prasad Yadav and co-accused Rajesh Kunwar were witnesses to sale deed no. 4011 dated 05.04.2014 executed in favour of co-accused Pritam Kumar.
It is submitted by the learned counsel for the petitioner nos. 1, 2, 4 and 5 that the petitioners and other accused persons purchased the land from different persons from whom the informant also purchased the land, but the petitioners purchased the land prior to the purchase made by the informant. There is Title Suit pending between the parties. Considering the nature of accusation, let the above named petitioner nos. 1, 2, 4 and 5 be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with
Patna High Court Cr.Misc. No.17515 of 2015 (2) dt.15-05-2015 Singheshwar P.S. Case No. 127 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T