Raj Kishor Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49720 of 2023 Arising Out of PS. Case No.-712 Year-2022 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== 1.
Raj Kishor Chaudhary Son Of Late Mahendra Choudhary Resident Of Village - Kanhaiyachak, P.S. - Parbatta, District - Khagaria 2.
Vidyanand Choudhary Son Of Late Mahendra Choudhary Resident Of Village - Kanhaiyachak, P.S. - Parbatta, District - Khagaria ... ... Petitioner/s
Versus
1.
The State Of Bihar Patna, Bihar 2.
Nandlal Singh Son Of Dashrath Singh Resident Of Village - Bithla, P.S. - Parbatta, District - Khagaria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar For the Opposite Party/s :
Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Though a vakalatnama has been filed on behalf of O.P. No. 2, but nobody appears on behalf of O.P. No.2.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 120(B), 406, 420, 467/34 of the Indian Penal Code.
4. As per the prosecution case, the complainant has purchased land from the accused persons in favour of himself and his brother. It is alleged that the accused persons have cheated the land fraudulently.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not
Patna High Court CR. MISC. No.49720 of 2023(7) dt.17-05-2024 2/2 specific rather general and omnibus in nature. He submits that the land in question was joint property of these petitioners and their coparceners, Jamabandi was running in the name of ancestors and these petitioners and their coparceners. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State opposes prayer for anticipatory bail.
7. Having regard to the facts and circumstances of the case and the fact that it is civil/money dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 lower Court where the case is pending/successor Court in connection with Complaint Case No.712 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T