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Patna High CourtCR. MISC./46295/2024allowed

Dhudhnath Rai v. The State Of Bihar

2024-07-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46295 of 2024 Arising Out of PS. Case No.-586 Year-2023 Thana- BASANTPUR District- Siwan ====================================================== 1.

Dhudhnath Rai Son of Late Shivbalak Rai R/O Vill.- Sagar, Sultanpur, P.S.- Bhagwanpur Hat, Dist.- Siwan 2.

Shankar Rai Son of Late Shobhan Rai R/O Vill.- Mahna, P.S.- Bhagwanpur Hat, Dist.- Siwan 3.

Satyendra Rai Son of Late Hira Rai R/O Vill.- Mahna, P.S.- Bhagwanpur Hat, Dist.- Siwan 4.

Nageshwar Prasad Yadav Son of Late Vishwanath Rai R/O Vill.- Mahna, P.S.- Bhagwanpur Hat, Dist.- Siwan 5.

Bacha Kumar Yadav Son of Rajdev Rai R/O Vill.- Sagar, Sultanpur, P.S.- Bhagwanpur Hat, Dist.- Siwan 6.

Nand Lal Rai Son of Late Mukhdev Rai R/O Vill.- Sagar, Sultanpur, P.S.- Bhagwanpur Hat, Dist.- Siwan 7.

Lakshman Rai Son of Late Ashraf Rai R/O Vill.- Mahan, P.S.- Bhagwanpur Hat, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 465, 467, 468, 471 of the Indian Penal Code.

3. It is alleged that the accused persons namely Vasari Sai, Nasir Sai and Husana Khatun transferred the land in favour of the petitioners.

Patna High Court CR. MISC. No.46295 of 2024(2) dt.24-07-2024 2/2

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners are purchaser of the land in question. He submits that a title suit bearing Title Suit No. 1427 of 2023 which is pending between the parties. He submits that the present dispute between the parties is purely civil in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Basantpur P.S. Case No. 586 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T