Baidhnath Kumar Yadav @ Baithnath Kumar Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5707 of 2015 Arising Out of PS.Case No. -370 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Baidhnath Kumar Yadav @ Baithnath Kumar Yadav

2. Aash Narayan Kumar @ Ash Narayan Kumar, son of Baidhnath Prasad

3. Nand Kishore Sharma@ Kishore Sharma son of shiv Badhan Sharma

4. Sanjay Kumar Tiwari son of Ram Chandra Tiwari

5. Deonath Rai son of Naga Rai

6. Latif Ansari@ Hazi Latif Ansari son of Alizan Ansari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Shyam Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-02-2015 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Complaint Case No.01122 of 2014, C-370 of 2014 registered for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code.

It would appear from perusal of the complaint petition that disputed land fell in the share of co-accused Surendra Prasad in partition and thereafter he executed an agreement for sale on 19.11.2010 in favour of the complainant but later on, he failed to

Patna High Court Cr.Misc. No.5707 of 2015 (2) dt.11-02-2015 2/3 execute absolute sale deed and thereafter complainant filed Title suit no. 263 of 2011, which was decreed ex-parte and allegedly the complainant got possession of the lands in question through orders passed in Execution Case no. 06 of 2012 but subsequently, he came to know that wife and sons of co-accused Surendra Prasad executed sale deed in respect of lands of the complainant in favour of Kaushaliya Devi, who later on, executed sale deeds in favour of some persons including petitioner nos. 2, 5and 6 and so far as rest petitioners are said to be concerned, they are either identifier or witnesses of the aforesaid sale deeds.

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) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Sikrahna at Motihari in Complaint Case No.01122 of 2014, C-370 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Namita/- U

Patna High Court Cr.Misc. No.5707 of 2015 (2) dt.11-02-2015 3/3