Ashok Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56152 of 2023 Arising Out of PS. Case No.-666 Year-2021 Thana- SONEPUR District- Saran ====================================================== 1.
ASHOK RAJAK S/O LATE LALJI RAJAK R/O VILLAGE- SIKARPUR, P.S- SONPUR, DISTT.- SARAN.
2.
MOTI KUMAR @ MOTI KUNWAR W/O LATE LAXMAN BATHA @ LATE LAXMAN RAJAK R/O VILLAGE- SIKARPUR, P.S- SONPUR, DISTT.- SARAN.
3.
SUNENA KUNWAR @ SUNEYANA KUNWAR W/O CHARITAR BAITHA @ CHARITAR RAJAK R/O VILLAGE- SIKARPUR, P.SSONPUR, DISTT.- SARAN. 4.
TRILOKI PANDEY @ TRILOKI NATH PANDEY S/O BAJRANGI PANDEY R/O VILLAGE- SIKARPUR, P.S- SONPUR, DISTT.- SARAN. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Jha, Adv.
Ms.Ranjana Srivastava, Adv.
For the Opposite Party/s :
Mr.Md. Fahimuddin, APP For the Informant :
Mr.Vijay Kumar Srivastava, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 467, 468, 471, 420, 120(B) of the IPC.
3. As per the prosecution case, allegation on petitioners is that they along with other co-accused person in conspiracy sold the land of informant by making false I.D. cards on 9.12.2019.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.56152 of 2023(2) dt.15-09-2023 2/3 that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the informant has already filed a Title suit in the Court below bearing Title Suit No.8/2020 which is pending in the Court below. There is general and omnibus allegation against the petitioners. Petitioners have no criminal antecedent.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that there is specific allegation against the petitioners that they are the land mafias and on the basis of forged ID-proof, they sold the land of the informant. Petitioner no.1 has two criminal antecedent and other petitioners have no criminal antecedent. Similarly situated co-accused namely Bhusan Rai has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 17.08.2023 passed in Cr. Misc. No.50781/2023.
6. Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted bail, 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
Patna High Court CR. MISC. No.56152 of 2023(2) dt.15-09-2023 3/3 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 Sonpur P.S. Case No.666 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T