Patna High CourtCR. MISC./11028/2015bail granted

Shivnandan Swarnkar And ORS v. State Of Bihar And ANR

2015-03-20Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11028 of 2015 (2) dt.20-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11028 of 2015 Arising Out of PS.Case No. -194 Year- 2014 Thana -SONBERSA RAJ District- SAHARSA ======================================================

1. Shivnandan Swarnkar Son of Late Shiv Prasad Swarnkar

2. Chandeshwari Thakur Son of Late Kailu Thakur

3. Md. Sabbir, Son of Late Suleman .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pramod Kumar Swarnkar Son of Ramsagar Swarnkar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Ramchandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sonbarsa Raj P.S. Case No. 194 of 2014 registered for the offences punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

Petitioner no. 1 is purchaser, petitioner no. 2 is identifier whereas petitioner no. 3 is deed writer. Petitioner no. 1 purchased some lands from co-accused, Sudhir Swarnkar in the year 2008 and subsequently, the informant purchased some lands of the same plot from the mother of co-accused, Sudhir Swarnkar. It is alleged that again petitioner no. 1 purchased some portion of

Patna High Court Cr.Misc. No.11028 of 2015 (2) dt.20-03-2015 the lands of informant from co-accused, Sudhir Swarnkar. Even if the prosecution story assumed to be true, then also, it appears that it is a case of civil dispute. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 Sri S.K. Jha, Judicial Magistrate, Saharsa in Sonbarsa Raj P.S. Case No. 194 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T