Anil Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37473 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- PANAPUR District- Saran ====================================================== 1.

ANIL CHAURASIA, aged about 53 years, male, S/o Jay Narayan Bhagat R/o village- Rasauli, P.O.- Rasauli, P.S.- Panapur, District- Saran at Chapra 2.

Ramesh Kumar Singh, aged about 57 years, male, S/o Late Mokhtar Singh R/o village- Rasauli, P.O.- Rasauli, P.S.- Panapur, District- Saran at Chapra 3.

Ravi Ranjan Singh, aged about 23 years, male, S/o Suresh Singh R/o village- Rasauli, P.O.- Rasauli, P.S.- Panapur, District- Saran at Chapra ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Jeetendra Narayan, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 323, 504, 506, 419, 420, 467, 468, 471, 379, 427 and 120B of the Indian Penal Code registered in connection with Panapur P.S. Case No. 18 of 2019.

3. It is submitted that the petitioners have been falsely implicated and as a matter of fact it is evident from the inquiry report submitted before the Sub-Divisional Officer, Marhoura, Saran dated 03.07.2018 (Annexure-2) that the informant's side has been trying to forcibly capture the disputed land. Moreover, the petitioner no. 1 had obtained information under RTI Act and it was informed that the subject deed no. 11223 was not traceable (Annexure-3 series). It is therefore submitted that after taking precaution of making proper enquiry, the petitioner got

Patna High Court CR. MISC. No.37473 of 2019(2) dt.21-06-2019 2/2 the land registered. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Saran at Chapra in connection with Panapur P.S. Case No. 18 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/Chandran U T