Awadhesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53158 of 2021 Arising Out of PS. Case No.-128 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== 1.

Awadhesh Mishra Son Of Late Satyanarayan Mishra R/O Village- Goithaha, P.S.- Harsidhhi, Dist.- East Champaran, Bihar 2.

Mandeep Mishra Son Of Awadhesh Mishra R/O Village- Goithaha, P.S.- Harsidhhi, Dist.- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Ms. Preety Kunwar, Adv.

For the Informant Mr. Mahendra Pratap, Adv.

For the State :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2022 Heard learned senior counsel for the petitioners, informant and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 406, 420, 467, 468, 471, 504, 506 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that petitioner no. 1 sold

Patna High Court CR. MISC. No.53158 of 2021(2) dt.12-05-2022 2/2 7.30 kattha of land though the informant got title over this and other land by virtue of judgment and decree passed in TPS No. 434 of 1970. He submits that petitioners are not the executants of sale deed/documents. It is purely a dispute between brother and sister of ancestral property. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts that this matter is purely civil in nature, 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 Sugauli P.S. Case No. 128 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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