Kanhaiya Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17500 of 2016 Arising Out of PS.Case No. -41 Year- 2016 Thana -BUXAR MUFFSIL District- BUXAR ======================================================
1. Kanhaiya Pandey
2. Brij Mohan Pandey
3. Kamleshwar Pandey All sons of Late Nand Kishore Pandey, All resident of villagePandeypatti, Buxar, P.S.- Muffasil Buxar, Distt. Buxar, Bihar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nil Kamal For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 25-04-2016 Heard learned counsels for the petitioners, State and the informant.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 471 and 472/34 of the Indian Penal Code. The prosecution case is that the petitioners being the own brothers of the informant got the mutation done with regard to the land of the informant vide Mutation Case No. 24/1978 by forging the signature of the informant in a proceeding before the Consolidation Officer in order to grab the share of the informant.
Patna High Court Cr.Misc. No.17500 of 2016 (2) dt.25-04-2016 2/2 It is submitted by learned counsel for the petitioners that the said mutation proceeding was initiated in 1978, though, the order was passed in 2014 and the said order has been challenged before superior authority. It is submitted by learned counsel for the informant that though the order of the Consolidation Officer has been challenged but the petitioners have committed forgery. Considering the accusation levelled in the background of civil nature of dispute, let the above named petitioners be released on anticipatory bail, in the event of 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 Additional Chief Judicial Magistrate-III, Buxar in connection with Buxar (M) P.S. Case No. 41 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T