Rudreswar Pandey @ Rudreswar Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37843 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

RUDRESWAR PANDEY @ RUDRESWAR KUMAR PANDEY Son of Akshywar Pandey @ Achhaibay Pandey Resident of Village- Belwar, P.S.- Raghunathpur, P.O.- Raghunathpur, District- Siwan 2.

Moshmat Panmati Kunwer W/o Late Raghunath Singh Resident of VillageBelwar, P.S.- Raghunathpur, P.O.- Raghunathpur, District- Siwan 3.

Kamlesh Singh Son of Gopal Singh Resident of Village Belwar, Police Station- Raghunathpur, P.O.- Raghunathpur, District- Siwan 4.

Birendra Singh @ Birender Singh Son of Baliram Singh Resident of VillageNawada, P.S.- Raghunathpur, District- Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Kumar Jha For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Raghunathpur P.S.Case No.8 of 2019 dated 7.1.2019, registered for offences punishable under Sections 467, 468, 471, 420, 120(B), 323, 504, 384, 386 of the Indian Penal Code. As per the complaint petition on the basis of which the FIR has been lodged the father of the complainant/informant has purchased a piece of land of Khata No.716 , area 11 dhur and they are in peaceful possession over the same, however, the petitioner no.1 later on purchased 15 decimal of land from Khata No.716 by forged sale-deed dated 22.5.2018 in collusion with the other petitioners and trying to dispossess the

Patna High Court CR. MISC. No.37843 of 2019(3) dt.20-09-2019 2/2 complainant.

Submission of the learned counsel for the petitioners is that there is no allegation in the complaint petition that the petitioners have any knowledge of the earlier sale-deed and the petitioner no.1 is purchaser and the petitioner is the vendor of the land. Land is Khatiyani land and she is co-sharer of that land.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and6 circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM VIII, Siwan in connection with Raghunathpur P.S.Case No.8 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T