Lal Bahadur Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31067 of 2014 Arising Out of PS.Case No. -8 Year- 2014 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Lal Bahadur Sah, Son of Chokat Sah

2. Nitesh Kumar @ Nitesh @ Nitesh Sah

3. Dhananjay Kumar @ Dhananjay @ Dhananjay Sah Both the Sons of Lal Bahadur Sah All are the residents of village- Yamunapur, Police Station- Laukariya, District- West Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Milind Kumar Mishra, Adv. For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2015 Against the petitioner no. 1 by order dated 03.09.2014, the application has been dismissed as withdrawn. Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Laukariya Police Station Case No. 08 of 2014 registered for the offences punishable under Sections 406, 420, 467, 468, 471/34 of the Indian Penal Code, seek the privilege of pre-arrest bail. Allegedly, Chokat Sah was running crusher machine on the land of the informant on rent and for that Kirayanama was also executed wherein the petitioner no. 1 put signature as a witness

Patna High Court Cr.Misc. No.31067 of 2014 (3) dt.28-01-2015 and when rent was demanded, forged paper was being shown and with the help of his son, petitioner no. 1 is ready to take forcible possession.

Submission is that dispute appears purely of civil nature. There is no deed of Kirayanama. Petitioner nos. 2 and 3 are the students and they have been implicated without any basis, to which the learned A.P.P. fairly submits that dispute appears to be of civil nature.

In the facts and circumstances as stated above, the petitioner nos. 2 and 3, namely Nitesh Kumar @ Nitesh @ Nitesh Sah and Dhananjay Kumar @ Dhananjay @ Dhananjay Sah, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Laukariya Police Station Case No. 08 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T