Rajendra Shukla @ Rajindra Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38070 of 2019 Arising Out of PS. Case No.-181 Year-2018 Thana- LAURIA District- West Champaran ====================================================== 1.

Rajendra Shukla @ Rajindra Shukla, S/O Kashi Nath Shukla @ Chandradeo Shukla, Resident of Village- Parsa Manguraha, P.S.- Lauriya, District- West Champaran.

2.

Indrasan Ram, S/O Butai Ram, Resident of Village- Mathia, P.S.- Lauriya, District- West Champaran.

3.

Vijay Kumar Ram @ Vijoy Ram, S/O Gorakh Ram, Resident of VillageMathia, P.S.- Lauriya, Dist.- West Champaran. 4.

Bodhi Ram, S/O Late Baldeo Ram, Resident of Village- Mathia, P.S.- Lauriya, Dist.- West Champaran.

5.

Bijay Ram @ Bijoy Ram, S/O Late Bhoj Ram, Resident of Village- Mathia, P.S.- Lauriya, Dist.- West Champaran.

6.

Suresh Ram, S/O Butai Ram, Resident of Village- Mathia, P.S.- Lauriya, Dist.- West Champaran.

7.

Radhey Ram @ Radhe Shyam Ram, S/O Butai Ram, Resident of VillageMathia, P.S.- Lauriya, Dist.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-09-2019 This is an application for grant of anticipatory bail in connection with Lauriya P.S. Case No. 181 of 2018, disclosing offences under Sections 466, 467, 468, 471, 474, 420, 120B, 34 of IPC.

Allegation as per the complaint petition is that complainant is in possession of the land in dispute and the same has already been mutated in his name, but later on, he came to know that one Laxman Ram has got the same mutated in

Patna High Court CR. MISC. No.38070 of 2019(3) dt.02-09-2019 2/3 collusion with the Halqa and these petitioners. Submission of learned counsel for the petitioners is that these petitioners are concerned, only allegation is that they assisted Laxman Ram in getting the land mutated with respect to the same land, which is in the name of complainant. Heard learned APP as well as learned counsel counsel for the complainant also, they have opposed the anticipatory bail of the petitioners on the ground that petitioners are accused in several other cases and in one of the case, they have been declared absconder and in that case their anticipatory bail has been refused. So far as two other cases are concerned, same has been lodged by the complainant and so far as petitioners no.1, 2 and 7 are concerned, they are accused in three more cases.

Having heard both sides, considering the above facts as discussed above, so far as petitioners no. 1, 2 & 7 are concerned, I am not inclined to grant privilege of anticipatory bail to them. However, they may surrender before the learned court below and make prayer for regular bail.

So far as, petitioners no. 3,4, 5 & 6 are concerned, they surrender before the learned court below within a period of two weeks from the date of receipt of certified copy of this order, on surrender, they will be released on bail, on furnishing bail bonds

Patna High Court CR. MISC. No.38070 of 2019(3) dt.02-09-2019 3/3 in the sum of Rs.25,000/- (Twenty Thousand only) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Lauriya P.S. Case No. 181 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with the condition that they have to cooperate with the investigation. With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T