Anil Rai And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.28014 of 2015 (3) dt.29-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28014 of 2015 Arising Out of PS.Case No. -322 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Anil Rai

2. Suman Kumar @ Suman Kumar Rai

3. Sunil Rai 1 to 3 are S/o Motilal Rai All are Resident of Village Chapata, P.S. Tisiauta, District Vaishali.

4. Kishundeo Rai S/o Late Hira Lal Rai

5. Sanjeet Kumar S/o Jai Mangal Rai

6. Shambhu Rai S/o Mahendra Rai All are Resident of Village Parmanandpur Lal, P.S. Mahua, District Vaishali. .... .... Petitioners

Versus

1. The State of Bihar.

2. Arbind Rai S/o Jalandhar Rai Resident of Village Parmanandpur Lal, P.S. Mahua, District Vaishali.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Pramod Mishra For the Opposite Parties : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

It is alleged by the complainant that the land in dispute belonging to the complainant which is in his possession since long and Naina Devi died who was ancestor was given half share vide Title Suit no.184 of 1973 against father of the complainant but the said Naina Devi lost her and petitioners with a view to cheat the

Patna High Court Cr.Misc. No.28014 of 2015 (3) dt.29-09-2015 complainant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. From perusal of the complaint petition itself, it would appear that the matter is of civil nature in respect to which a Title Suit No.156 of 2014 has already been filed where the sale deed in question has been challenged. On behalf of the State and the informant, it is submitted that the petitioners are named in the FIR. Petitioners are none else but one who executed the deed or one who purchased the land in question and others are the witnesses to the sale deed. Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Afjal Alam, Judicial Magistrate, Ist Class, Vaishali at Hajipur in connection with Complaint Case No.322 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sudhir Singh, J) B.Kr./- U T