Amrendra Kumar Jha @ Amrendra Jha And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54917 of 2016 Arising Out of PS.Case No. -322 Year- 2013 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Amrendra Kumar Jha @ Amrendra Jha

2. Sachendra Jha @ Sachinder Jha

3. Shailendra Jha, all are sons of Late Anirudh Jha, resident of villageHaripur Ghurna, P.S. Ghurna, District- Araria

4. Durga Nand Paswan son of Sabhapati Paswan

5. Jagdish Paswan son of Late Subhak Paswan, both are resident of village Baria Kamal, P.S. Birpur, District- Supaul .... .... Petitioners

Versus

1. State of Bihar

2. Vishwanath Dev, son of Late Makeshwar Lal Dev, resident of villageBaria Choudhary, P.S. Birpur, Dist.- Supaul .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Complaint Case No. 322C of 2013 for the offences instituted under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

The complainant alleged that the lands of Khata No. 43 and 48 belong to him and his ancestors but the accused persons including the petitioners have conspired together and created false and fabricated sale deed in their favour and started ploughing the field of the informant and when the informant intervened, the accused persons started abusing and assaulting him with fist and

Patna High Court Cr.Misc. No.54917 of 2016 (2) dt.22-12-2016 2/2 slaps.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. They have falsely been implicated in the present case. The petitioner no.1 to 3 are the Vendees and the petitioner no.4 and 5 are the witnesses to the sale deed. The matter relates to Civil dispute. The other co-accused have been granted bail vide Cr. Misc. No. 40028 of 2016.

On behalf of the State, it has been submitted that the petitioners are named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 322C of 2013 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Birpur (Supaul), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T