Sadanand Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.51842 of 2017 (3) dt.11-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51842 of 2017 Arising Out of PS.Case No. -265 Year- 2015 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Sadanand Singh Son of Late Jamun Singh, Resident of Village-Goradih, Police Station-Rajoun, District-Banka.

2. Ashok Mandal @ Ashok Kumar Mandal, Son of Late Dayanand Mandal, Resident of Village-Simraha, Police Station-Simraha, District-Araria, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Prasad Ambastha For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sadar P.S. Case No. 265 of 2015, registered under Sections 467, 468, 471 and 420/34 of the Indian Penal Code. The accusation is that Plot No. 1130/1369 area 14.5 Katha belongs to the land of Brahamasthan sold by Anirudh Prasad Singh to one Sanjay Poddar.

Learned counsel for the petitioners submits that, in fact, Plot No. 1130/1369 is recorded in the name of Anirudh Prasad Singh, who sold the land to one Sanjay Poddar and accordingly the name was mutated on the basis of sale deed,

Patna High Court Cr.Misc. No.51842 of 2017 (3) dt.11-12-2017 which would appear from Annexure 2 to the supplementary affidavit. On that very basis petitioner no. 1 being the Halka Karamchri and petitioner no. 2 being the Circle Inspector have recommended for mutation on the basis of sale deed executed by Anirudh Prasad Singh, but with ulterior motive the present case has been lodged with false allegation.

Having regard to the facts and circumstances of the case, 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnia, in connection with Sadar P.S. Case No. 265 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T