Nawal Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53305 of 2019 Arising Out of PS. Case No.-253 Year-2019 Thana- KESARIA District- East Champaran ====================================================== 1.
Nawal Kishore Singh Son of Late Bachcha Singh @ Janak Singh Resident of Village Konihayan, P.S.- Kesharia District- East Champaran. 2.
Aditya Swaroop Son of Nawal Kishore Singh Resident of Village Konihayan, P.S.- Kesharia District- East Champaran. ... ... Petitioners
Versus
1. The State of Bihar
2. Kusum Singh, W/o late Shri Narayan Singh, Vill + P.O.- Konhiyan, P.S.- Keshariya, District- East Champaran.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Manisha Singh For the Opposite Party/s :
Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned counsel for the opposite party no.2.
The petitioners seek pre-arrest bail in connection with Keshariya P.S.Case No. 253 of 2019 registered under Sections 341, 323, 420 and 467 read with 34 of the Indian Penal Code. The allegation against the petitioners is that they along with four others, namely, Jay Prakash Singh, Alok Ranjan, Ravi Ranjan and Amit Kumar Singh illegally got executed registered sale deed of land belonging to the informant in their own name.
It has been submitted by the learned counsel for the petitioners that if the petitioners have got executed sale deed of
Patna High Court CR. MISC. No.53305 of 2019(4) dt.16-11-2019 2/2 land falling in the share of the informant, it is they and not the informant, who have been cheated. He contended that the petitioners are agnates of the informant and a bonafide sale deed has been executed in their favour by one Muktinath Vidyarthi, the real owner of the land.
On the other hand, learned counsel appearing for the opposite party no.2 submitted that the alleged sale deed executed by Muktinath Vidyarthi is collusive in nature and has been executed by him in favour of the petitioners and others in order to defraud and cheat the informant.
Be that as it may, considering the submissions made by the learned counsel for the parties and the nature of dispute, in the event of arrest or surrender before the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate3, East Champaran in connection with Kesariya P.S. Case No. 253 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T