Hardeo Prasad Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41344 of 2015 Arising Out of PS.Case No. -279 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Hardeo Prasad Singh, son of late Jagdish Singh.

2. Anil Prasad Singh @ Anil @ Anil Singh

3. Bipin Kumar Singh @ Bipin @ Bipin Singh

4. Bimal Kumar Singh @ Bimal @ Bimal Singh Petitioners no. 2 to 4 are sons of late Jwala Singh. All are resident of village Rauta, P.S. Sour Bazar, District Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2015 Heard the learned counsel for the petitioners, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioners apprehend their arrest in a case under Section 467, 468, 420, 34 of the Indian Penal Code. The informant alleged that lands of his family were acquired for construction of grid sub station but the petitioners withdrew the amount of compensation.

It is submitted that the petitioners withdrew the amount of compensation of their own share and the dispute is of civil nature whereas the learned counsel for the informant as well

Patna High Court Cr.Misc. No.41344 of 2015 (3) dt.07-12-2015 2/2 as the learned Additional Public Prosecutor have submitted that the petitioners gifted their share in favour of their daughter and the amount of compensation which fell in the share of the informant was withdrawn by the petitioners.

It appears that there was no partition of the property and the land so acquired was of joint family property and the dispute is of civil nature.

Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri B. K. Singh, learned Judicial Magistrate, 1st class, Saharsa in Saur Bazar P.S. Case No. 279 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T