Ramajit Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50731 of 2017 Arising Out of PS.Case No. -374 Year- 2017 Thana -BUXAR District- BUXAR ======================================================

1. Ramajit Singh, Son of Late Kanhaiya Singh,

2. Nikhil Kumar @ Nikhil Kumar Singh, Son of Arun Singh, Both Resident of Village- Nawanagar, P.S.- Navanagar, Dist- Buxar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

18-10-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, in the present, case, are seeking Anticipatory Bail in connection with Buxar (T) P.S. Case No. 374/2017 for the offences under Sections 420, 467, 468, 471, 472, 341, 323, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that it is case in the nature of a civil dispute which has been given colour of a criminal proceeding. Learned counsel submits that from the F.I.R. itself it will appear that the petitioners are co-sharers of the informant and it is the case of the petitioners that they have sold the land which they got in a partition of the property by mets and bounds. The allegation against these petitioners is that they have sold the

Patna High Court Cr.Misc. No.50731 of 2017 (2) dt.18-10-2017 land illegally as those land do not belong to these petitioners.

On the other hand, learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail of the petitioners.

The learned Sessions Judge has taken note of the submissions on behalf of the petitioners in the court below that there is a delay of three years in lodging of the complaint and these two petitioners claim to be the genuine persons and have executed the sale deed in favour of right person.

Considering the facts and circumstances and materials available on the record, in the event of their arrest/surrender before the court below within a period of four weeks, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar (T) P.S. Case No. 374/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, and further condition that these petitioners shall report to the investigating officer and shall cooperate in the investigation

Patna High Court Cr.Misc. No.50731 of 2017 (2) dt.18-10-2017 of the case, the petitioner should submit their attendance with the concerned police station within a period of two weeks from today.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T