Lambodar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48516 of 2019 Arising Out of PS. Case No.-676 Year-2018 Thana- BANKA District- Banka ====================================================== 1.

Lambodar Bhagat, Son of Late Yamuna Prasad Bhagat, Resident of VillageAmarpur, Police Station-Amarpur, District-Banka. 2.

Manjula Devi, Wife of Lambodar Bhagat, Resident of Village-Amarpur, Police Station-Amarpur, District-Banka.

3.

Kumar Krishna Mohan @ Krishna Mohan, Son of Lambodar Bhagat, Resident of Village-Amarpur, Police Station-Amarpur, District-Banka. 4.

Purnendu Kumar, Son of Lambodar Bhagat, Resident of Village-Amarpur, Police Station-Amarpur, District-Banka.

5.

Kumar Nilmohan @ Balendu Kumar, Son of Lambodar Bhagat, Resident of Village-Amarpur, Police Station-Amarpur, District-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Banka P.S. Case No. 676 of 2018 registered under Sections 420, 467 and 468 of the Indian Penal Code.

The accusation is that in the village Murhara, ancestral land of informant was in the name of his grandfather and his brothers. On oral partition, land is divided in between his father and uncle and in course of negotiation for selling the land, informant came to know that his uncle (petitioner no. 1) along with his wife

Patna High Court CR. MISC. No.48516 of 2019(2) dt.05-08-2019 2/2 (petitioner no.2) and sons (petitioner no. 3, 4 and 5) in collusion with the then Circle Officer and Karamchari of Block got mutated his name regarding the land of his father.

Learned counsel for the petitioners submits that, in fact, Shiv Dayal Bhgat, one of the brother of petitioner no.1, gifted his property to petitioner no. 1 and thereafter, the land of Shif Dayal Bhagal was mutated in favour of petitioner no. 1 and for cancellation of gift deed, Damodar Bhagat, father of the informant, has filed Title Suit No. 18 of 2012, which is pending for disposal, but with ulterior motive the present case has been lodged with false allegation. Having regard to the facts and circumstances of the case, 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 of Rs. 10,000/- (ten thousand) six with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case No. 676 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T