Jay Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51871 of 2019 Arising Out of PS. Case No.-253 Year-2019 Thana- KESARIA District- East Champaran ====================================================== 1.

JAY PRAKASH SINGH S/o Late Sheo Shankar Singh 2.

Alok Ranjan 3.

Kumar Rajeev Ranjan @ Ravi Ranjan Both are sons of Jay Prakash Singh 4.

Amit Kumar Singh S/o Sanjay Singh All are R/o village- Konihiya, P.S.- Keseriya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-08-2019 The petitioners apprehend their arrest in connection with Kesariya P. S. Case No. 253 of 2019 registered under Sections 323, 341, 420 and 467/34 of the Indian Penal Code. Allegation against the petitioners, as per FIR, is that petitioners purchased a piece of land belonging to the informant and when informant asked them as to why her land was purchased by them, upon which petitioners assaulted the informant and her daughter and son.

Learned counsel appearing on behalf of the petitioners submits that petitioner no. 2 is bona fide purchaser of piece of land from Nawal Kishore Singh, who is co-sharer of the informant and petitioner nos. 1, 3 and 4 are not the purchasers and have falsely

Patna High Court CR. MISC. No.51871 of 2019(2) dt.20-08-2019 2/2 been implicated in this case merely due to the fact that prior to lodging of this case, Kesariya P.S.Case No. 249 of 2019 was lodged by Nawal Kishore Singh against the informant and her family members in which these petitioners were witnesses. After having heard learned counsel for the parties and taking into consideration the fact that petitioner no. 2 is bona fide purchaser of the land from its owner and further vendor of petitioner no. 2 had lodged an FIR against the informant and her family members prior to present FIR, in which all petitioners were witnesses, as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari East Champaran in connection with Kesariya P.S.Case No. 253 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T