Shambhu Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35640 of 2016 Arising Out of PS.Case No. -519 Year- 2014 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Shambhu Sah , Son of Satya Narayan Sah.

2. Ram Binay Kumar, Son of Satya Narayan Sah, both are resident of Village- Sakunpur Patahi, P.S- Belsand, District- Sitamarhi.

3. Birendra Kumar Sahani, Son of Ram Prasad Sahani.

4. Gannu Sahani, Son of Daroga Sahani, both are resident of Village- Vijay Chhapra, P.S- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-09-2016 Heard the counsel for the petitioners and Mr. M. Dayal, APP for the State.

The petitioners are accuseds of Muzaffarpur Town P.S. Case No. 519 of 2014 registered under Sections 467, 468, 469, 470, 471, 120(B) and 420 of the Indian Penal Code and have approached this Court for grant of anticipatory bail. Initially a complaint was filed which later was treated as First Information Report. It is alleged that the informant purchased a piece of land (16 decimals) from one co-accused Jai Kishore Sah in 2011. The petitioners are said to have purchased 3/4 decimals of land on 23.09.2011 from the co-sharer of

Patna High Court Cr.Misc. No.35640 of 2016 (2) dt.23-09-2016 2/2 Jai Kishore Sah.

The counsel for the petitioner(s) submits that it is a dispute predominantly civil in nature. The complainant/informant herself says that she is in possession of the land purchased by her earlier.

Considering the facts and circumstances of the case, let the petitioner(s) above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in Muzffarpur Town P.S. Case No. 519 of 2014 subject to the condition as laid down under Section 438(2), the code of Criminal Procedure with further condition that one of the bailors shall be his/their own/close family member. The petitioner(s) shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel their bail bonds.

rohit/- (Kishore Kumar Mandal, J) U T