Biswanath Thakur And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55824 of 2015 Arising Out of PS.Case No. -487 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================
1. Biswanath Thakur S/o Ratan Thakur
2. Sanjeet Thakur S/o Late Sambhu Thakur
3. Ramnath Thakur S/o Ratan Thakur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Dilip Thakur S/o Late Shambhu Thakur, .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghwanand, Advocate For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 467 and 468 of the Indian Penal Code.
The prosecution case is that petitioner no.1 (Biswanath Thakur) and petitioner no.2 (Sanjeet Kumar) sold a particular piece of land of the share of the complainant in favour of petitioner no.3 Ramnath Thakur.
It is submitted by learned counsel for the petitioners that petitioner no.2 is agnate of petitioner no.1 and petitioner 3 is son of petitioner no.1 and they have sold their own share of property. A statement has been made in paragraph 3 of the
Patna High Court Cr.Misc. No.55824 of 2015 (2) dt.17-12-2015 2/2 petition that the petitioners have no criminal antecedent. The learned Sessions Judge dismissed the anticipatory bail application of the petitioners since only summons and bailable warrants have been issued. Subsequently, on 14.09.2015 warrant of arrest has been issued by the learned court below.
Considering the nature of accusation in the background of sale deed dispute, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur in connection with Complaint Case No.487/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T