Mithileshwar Pandey @ Munna Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58863 of 2023 Arising Out of PS. Case No.-263 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Mithileshwar Pandey @ Munna Pandey S/O Late Krishna Mohan Pandey R/O Village- Mathia Brit, P.S- Majhauliya, Distt.- West Champaran. 2.

Hemant Kumar Pandey @ Karunakant Pandey S/O Mithileshwar Pandey @ Munna Pandey R/O Village- Mathia Brit, P.S- Majhauliya, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 467, 468, 471, 420, 504, 506, 34 of the Indian Penal Code.

3. As per FIR, all the accused persons including the petitioners have fraudulently sold the land of the informant by conspiring with a well planned conspiracy after preparing fake and forged document.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that both parties are

Patna High Court CR. MISC. No.58863 of 2023(6) dt.19-03-2024 2/2 close pattidar and a partition suit no. 49 of 2016 is pending between them. He further submits that petitioners have criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the informant oppose the prayer for bail submit that the petitioners have fraudulently sold the said land.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Majhauliya P.S. Case No. 263 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T