Prahlad Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 17953 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -ATHMALGOLA District- PATNA ======================================================

1. Prahlad Singh Son of Late Ram Autar Singh @ Ram Autari Singh

2. Shankar Singh

3. Shambhu Singh Petitioner no. 2 and 3 are sons of Amiraka Singh All Resident of village- Sabnima, P.S.- Athamalgola, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anjani Kumar Mishra For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 10-06-2015 Heard learned counsel for the petitioners, State and the informant.

Learned counsel for the petitioners submits that the petitioners claim to be the owners of the land in dispute on basis of succession. The informant disputes the fact. It is pointed out that there is a civil suit pending. In such a situation, it is submitted that Section 379 of Indian Penal Code does not apply at all. Be that as it may, in the event of their arrest or surrender within four weeks from today, the petitioners abovenamed shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial

Patna High Court Cr.Misc. No.17953 of 2015 (2) dt.10-06-2015 Magistrate, Barh in Athmalgola Police Station Case No 31 of 2015 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(Navaniti Prasad Singh, J) M.E.H./- U T