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Patna High CourtCR. MISC./41187/2016bail granted

Devi Lal Sah And ANR v. The State Of Bihar

2016-10-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41187 of 2016 Arising Out of PS.Case No. -224 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Devi Lal Sah Son of late Bhikhari Sah

2. Sanjay Kumar Son of late Amir Sahni Both are resident of VillageBaswariya PS Muffasil, district East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Sharan Singh For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2016 Heard both sides.

The petitioners apprehend their arrest in Muffasil P.S. case No. 224/2016 under Section 420, 120B, 467, 468, 469, 506 of the Indian Penal Code.

The informant alleged that the petitioners and other accused persons in collusion with each other fraudulently got the land transferred in the name of Devi Lal Sah, petitioner No.1. It is submitted that petitioners are innocent. Devi Lal Sah purchased the land from Yogi Tiwari, own brother of the complainant/ informant. Petitioner No.2 is identifier of the sale deed. Title Suit is also going on between the parties. Considering the fact that the dispute appears to be

Patna High Court Cr.Misc. No.41187 of 2016 (2) dt.06-10-2016 2/2 civil in nature and petitioner No.1 purchased the land from own brother of complainant/ informant, who claims the land to be of his own, 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 the learned Chief Judicial Magistrate, East Champaran at Motihari in Muffasil P.S. Case No. 224 of 2016 (G.R. No. 3020/2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T