Satish Prakash Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19563 of 2021 Arising Out of PS. Case No.-231 Year-2019 Thana- KOTWA District- East Champaran ====================================================== 1.

Satish Prakash Mishra, aged about 38 years (Male). 2.

Anand Mishra, aged about 36 years (Male), both sons of Late Permanand Mishra.

3.

Rajesh Kumar Singh, aged about 36 years (Male), son of Kishori Singh. All rersident of village- Jaswali Patti, P.S - Kotwa, District- East Champaran Motihar ... ... Petitioners

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-12-2021 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Kotwa P.S. Case No. 231 of 2019 for the offence punishable under Sections 406, 420, 467, 468, 471, 120-B, 323, 327, 341, 354, 354-B, 379, 387, 427, 504 of the Indian Penal Code. The petitioners are vendors and other related persons. The complaint case has been filed by the informant after getting a sale deed executed in her favour alleging that when she went on the land, in question, some persons claimed

Patna High Court CR. MISC. No.19563 of 2021(2) dt.09-12-2021 2/2 that they have got the sale deed of the same land executed from the agnates of her vendors.

In the opinion of this Court, this is a land dispute and for the same the petitioners cannot be sent to the custody. Considering the aforesaid fact, this application is also allowed.

Let the petitioners, above named, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Kotwa P.S. Case No. 231 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) pawan/- U T