Kanhaiya Kumar Soni @ Kanhaiya Soni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53602 of 2017 Arising Out of PS. Case No.-52 Year-2017 Thana- ISHOPUR District- Bhagalpur ======================================================

1. Kanhaiya Kumar Soni @ Kanhaiya Soni

2. Anil Kumar @ Anil Kumar Soni, both sons of late Ganesh Pd. Soni

3. Shiv Kumari Devi, wife of late Ganesh Prasad Soni

4. Shiv Shankar Soni, son of late Badri Prasad, all resident of villageBarahat, P.S. Ishipur Barahat, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned counsel appearing for the State.

The petitioners are apprehending arrest in connection with Ishipur Barahat P.S. Case No. 52 of 2017 for offences under Sections 420, 467, 468 and 471 of the Indian Penal Code. The allegation against the petitioner, as per the first information report, is that the petitioners have got the land of the informant mutated in the name of their mother, Shiv Kumari Devi, who is petitioner No. 3 of this case.

Counsel for the petitioners has drawn the attention of the Court to para-8 of the application, where the genealogical table of the family is mentioned, to indicate that the informant and the petitioners are descendants of the common ancestor, Bishwanath Prasad. From the tenor of the fardbeyan it appears that there is

Patna High Court Cr.Misc. No.53602 of 2017(2) dt.09-11-2017 2/2 dispute of civil nature pertaining to the share of the parties. The grievance of the informant is with regard to mutation of certain land in favour of petitioner no. 3 for which remedy is available under the Mutation Law. The other allegation is that petitioners' side would transfer the property and for that apprehension the fardbeyan was lodged by the informant.

Considering the fact that the petitioners and the informant belongs to the same common ancestor, there is land dispute on account of which there is claim and counter claim by the parties over the land in question and the fact that the petitioners have no criminal antecedent, let the petitioners, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VIII, Bhagalpur, in connection with Ishipur Barahat P. S. Case No. 52 of 2017, G.R. No. 3031 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Anil Kumar Upadhyay, J) spandey/- U T