Akhileshwar Pandey And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62608 of 2017 Arising Out of PS.Case No. -1008 Year- 2017 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Akhileshwar Pandey, son of Late Krishna Mohan Pandey,

2. Rajesh Kumar Pandey, Son of Akhileshwar Pandey,

3. Karuneshwar Pandey, Son of Akhileshwar Pandey,

4. Lallan Chaurasia, son of Shukhandev Chaurasiya,

5. Kameshwar Prasad @ Kameshwar Chaurasiya.

.... .... Petitioner/s

Versus

1. Then State of Bihar.

2. Ram Krishna Pandey.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 1008(C) of 2017, registered under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code. The accusation is that 19 Bigha 5 Katha and 17 Dhur land of Khata Nos. 4, 80 and 36 recorded in the name of Ramanand Pandey, who were five brothers, and the same land is also sold by their descendants earlier. Recently, petitioner no. 1, Akhileshwar Pandey, who has no concerned with Ramanand

Pandey has sold 2 Khata 6 Dhur of land in favour of petitioner no. 3, Karuneshwar Pandey, on which, petitioner nos. 2, Rajesh Kumar Pandey, put his signature on the sale deed as witnesses. Learned counsel for the petitioner submits that the land as detailed in the complaint petition is in the name of Parichan Pandey, who had two sons, namely, Panchanand Pandey and Balbhadar Pandey and Panchanand Pandey has two sons. In fact, petitioner no. 1 being the one of the decedent of Parichan Pandey sold the land to petitioner no. 3, on which, his son petitioner no. 2 put his signature as witness and two other petitioners are identifier and scribe of the sale deed. But they have falsely been implicated in this case. Further submission is that the dispute of purely civil in nature.

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 Additional Chief Judicial Magistrate-IV, Bettiah, in connection with Complaint Case No. 1008(C) of 2017, subject to the condition as laid down

under Section 438(2) of the Cr.P.C.

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