Prasidh Jha @ Prasidh Narayan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65944 of 2021 Arising Out of PS. Case No.-246 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== 1.

PRASIDH JHA @ PRASIDH NARAYAN JHA Son of Ratenswar Jha R/o vill. - Pajiarwa, P.S.- Sugauli, Dist.- East Champaran 2.

Usha Devi Wife of Prasidh Jha @ Prasidh Narayan Jha R/o vill. - Pajiarwa, P.S.- Sugauli, Dist.- East Champaran 3.

Abhijit Jha @ Rahul Jha @ Abhijit Ranjan Son of Prasidh Jha @ Prasidh Narayan Jha R/o vill. - Pajiarwa, P.S.- Sugauli, Dist.- East Champaran 4.

Amit Jha @ Amit Ranjan Jha Son of Prasidh Jha @ Prasidh Narayan Jha R/o vill. - Pajiarwa, P.S.- Sugauli, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 420, 406/34 of the Indian Penal Code.

As per the prosecution case, informant gave Rs. 6000/- to Kali Dutta Mishra, father of Usha Devi, petitioner No.2, as consideration amount of five katha of land in the year 1981 on the eve of marriage of Usha Devi and he gave possession over the land to the informant but he did not register the land and died. Panchayati was convened by the informant and due to this annoyance on 05.06.2019 all the accused persons holding weapons in their hand cultivated the aforesaid land. Petitioner No.1 is alleged to have fired but informant fell down

Patna High Court CR. MISC. No.65944 of 2021(2) dt.14-07-2022 2/2 and he did not sustain any injury. The accused persons did not register the land and grabbed the money.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case with a view to pressure upon the petitioners. As a matter of fact informant and petitioners are from same family and informant is uncle of petitioner No.2 and this false case has been lodged in order to capture the land of petitioners. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and nature of accusation against the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Sugauli PS case No. 246/ 2019. subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T