Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51488 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== 1.

Manish Kumar Son Of Rajendra Singh R/O-Kataiya, P.S.-Purnahiya, Distt.- Sheohar 2.

Rajendra Singh Son Of Late Suruj Singh R/O-Kataiya, P.S.-Purnahiya, Distt.-Sheohar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Murari For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case instituted for the offence under Sections 341, 406, 468, 467, 471, 504, 506 & 34 of the Indian Penal Code.

3. As per allegation in the FIR, husband of the informant had executed power of attorney to petitioner no.

2. On 12.3.2021, he sold 3.3/4 decimal land. Informant's husband died on 17.7.2021 and thereafter petitioner again sole 2.5 and 3.75 decimal land on the basis of aforesaid power of attorney. On 9.3.2023 informant went to her house and found that belongings of both the petitioner were kept

Patna High Court CR. MISC. No.51488 of 2023(6) dt.23-01-2024 2/3 in her house and they were getting some work done also. On query, accused persons abused and threatened her.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Petitioner no. 1 is son of petitioner no. 2. After lodging the FIR, informant sale out the total building and land to another person through sale deed. Applicants are in possession of the house of informant's husband on the basis of Will and in relation to that, a probate case i.e. Probate Case No. 2/23 is pending. The present case relates to civil dispute. Petitioners are languishing in judicial custody since 6.6.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheohar in connection

Patna High Court CR. MISC. No.51488 of 2023(6) dt.23-01-2024 3/3 with Sheohar P.S. Case No. 46 of 2023.

(Sunil Kumar Panwar, J) sushma/- U