Uma Kant Mishra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42119 of 2015 Arising Out of PS.Case No. -50 Year- 2014 Thana -SURYAGARHA District- LAKHISARAI ======================================================
1. Uma Kant Mishra S/o Late Sahdeo Mishra
2. Shashi Kant Mishra S/o Late Sahdeo Mishra Both are Resident of Village Siwana Manikpur, Police Station Manikpur (Suryagarha), District Lakhisarai, at present Jhajha, Durga Mandir, P.S. Jhajha, District Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 13-10-2015 Heard the learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners, namely, Uma Kant Mishra and Shashi Kant Mishra who apprehend their arrest in Surajgarha P.S. Case No. 50 of 2014, corresponding to G.R. Case no. 283 of 2014 under Sections 120B, 467, 471, 420/34 of the Indian Penal Code.
The allegation is that the accused persons with conspiracy sold six and half decimals of land of the complainant.
The learned counsel for the petitioners submitted that the petitioners are only witness in the sale deed alleged to have been executed by the vendor in favour of Binod Kumar Mishra and others. According to learned counsel dispute is
Patna High Court Cr.Misc. No.42119 of 2015 (2) dt.13-10-2015 purely of civil nature.
Considering the nature of accusation and the petitioners are only witness in the sale deed, I direct the petitioners named above to surrender before the court below within six weeks from today and on their so surrendering, the court below is directed to release the petitioner on bail on furnishing bail bond of Rs. 5,000/- (Rupees five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P.S. Case No. 50 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Mungeshwar Sahoo, J) P.K./- U T