Barul Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27246 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -BETTIAH CITY District- WEST CHAMPARAN (BETTIAH) ======================================================
1. Barul Mian, Son of Mainu Mian,
2. Kalam Mian, Son of Mainu Mian,
3. Uam Shankar Tiwari , Son of Deonandan Tiwari,
4. Surendra Mahto, Son of Mathura Mahto, All are Residents of VillageBharwaliya, Police Station- Majhaulia, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sachida Nand Rai For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Bettiah Town P.S. Case No. 16 of 2017, disclosing offences under Sections 420, 467, 468, 471 and 120(B) of the I.P.C. The present case is filed on the basis of the F.I.R. It is
Patna High Court Cr.Misc. No.27246 of 2017 (2) dt.01-07-2017 2/3 alleged by the informant that co-accused Hari Om Prasad @ Hariom Shahi, had executed a registered sale-deed in favour of petitioners Nos. 1 and 2 with respect to a land, which had fallen in the informant's share.
Learned counsel appearing on behalf of the petitioners has submitted that there is a dispute between the parties over the share of property. Petitioner Nos. 1 and 2 are purchasers of the land, executed through sale-deed by co-accused, Hari Om Prasad @ Hariom Shahi, whereas, petitioner Nos. 3 and 4 are witnesses of the deed of sale.
Considering the nature of dispute between the parties, this application is allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No. 16 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as
Patna High Court Cr.Misc. No.27246 of 2017 (2) dt.01-07-2017 3/3 and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) khushbu/- U T