Santosh Kumar @ Santosh Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48559 of 2019 Arising Out of PS. Case No.-34 Year-2017 Thana- GOBARDHANA District- West Champaran ====================================================== 1.

SANTOSH KUMAR @ SANTOSH KUMAR PANDIT, aged about 38 years, Male, Son of Ramjeetan Pandit, Resident of Village-Lauriya, Police Station-Lauriya, District-West Champaran 2.

Munna Yadav, aged about 30 years, Male, Son of Harendra Yadav, Resident of Village-Lauriya, Police Station-Lauriya, District-West Champaran ... Petitioners

Versus

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

For the Petitioners :

Mr. Milind Kumar Mishra, Adv.

For the Opposite Party :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Gobardhan P.S. Case No. 34 of 2017 for the offences alleged under Sections 406, 419, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code.

The accusation is that the land which was cultivated by the complainant on taking the same on lease from Hari Nagar Sugar Mill was purchased by the petitioners from Shiv Priya Shahi.

Learned counsel appearing for the petitioners submits that in fact the petitioners purchased the land from Shiv Priya Shahi, but, due to ulterior motive, complainant has lodged the

Patna High Court CR. MISC. No.48559 of 2019(2) dt.05-08-2019 2/2 present case. Further submission is that while it has been alleged in the complaint petition that the alleged land belong to Hari Nagar Sugar Mill, but, no case, either civil or criminal, has been filed by the Hari Nagar Sugar Mill.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Gobardhan P.S. Case No. 34 of 2017 shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Bagaha, West Champaran at Bettiah, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

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