Babbi Kumar Jha @ Babbi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54268 of 2022 Arising Out of PS. Case No.-139 Year-2022 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

BABBI KUMAR JHA @ BABBI KUMAR S/o Bhavdeo Jha Resident of Village- Khutha Baijnath Pur, P.s.- Bhargama, District- Araria. 2.

SANJAY YADAV S/o Ramdev Yadav Resident of Village- Shukhsena, P.S.- Barhara, District- Purnea.

3.

RANA YADAV S/o Ramdev Yadav Resident of Village- Shukhsena, P.S.- Barhara, District- Purnea.

4.

RAVI YADAV S/o Ramdev Yadav Resident of Village- Shukhsena, P.S.- Barhara, District- Purnea.

5.

LALO YADAV S/o Ramdev Yadav Resident of Village- Shukhsena, P.S.- Barhara, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 420, 467, 468, 504, 506 and 34 of the Indian Penal Code. Allegation against the petitioners is that they has sold the land of Shri Ramjanki Thakurbadi to the another person. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.54268 of 2022(2) dt.15-12-2022 2/2 petitioners are innocent and have been falsely implicated in this case. He denied the fact that they have sold the land of Sri Ramjanki Thakurbadi and also submits that petitioner no.1 was the owner of the said land and he obtained decree vide Title Suit No.261/1962. He further submits that petitioner no.1 sold the said land to the petitioner no.2-5. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is land dispute between the parties and the offence is of civil nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barhara P.S. Case No. 139/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T