Shankar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69430 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- CHENARI District- Rohtas ====================================================== 1.

SHANKAR PASWAN Son of Late Kedar Paswan Resident of Village - Sadokhar, P.s.- Chenari, Distt.- Rohtas.

2.

KISUN PASWAN Son of Late Kedar Paswan Resident of Village - Sadokhar, P.s.- Chenari, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Choubey, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard Mr. Surendra Kumar Choubey, learned counsel for the petitioners and Mr. Ramchandra Sahni, Additional Public Prosecutor for the State.

Petitioners seek regular bail in connection with Chenari PS Case No. 147/2020 registered for the offence punishable under Sections 420, 467, 468, 471/34 of the IPC. As per prosecution case, the ancestral land of the informant is situated at Mauja, Sadokhar, Khata No. 270, Plot No. 851 having an area of 68 decimals. The rent receipt is being issued in his name but the petitioners and other accused persons on the basis of forged land receipt/parcha and Chakbandi Khatiyan were trying to take possession over the land of the informant.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. The Parcha has been issued in favour of father of the petitioners and

Patna High Court CR. MISC. No.69430 of 2021(2) dt.23-05-2022 2/2 the petitioners and his brother who are co-accused, are in possession of the said land. He next submits that the present case gives rise to the civil dispute and the co-accused, namely, Bhim Paswan has been granted bail by a Bench of this Court. Petitioners are in custody since 04/07/2021 and 28.03.2021 respectively and the charge-sheet has been submitted in the matter.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused person has been granted bail by a Bench of this Court, they are in custody since 04/07/2021 and 28/03/2021 respectively and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Chenari PS Case No. 147/2020. (Anil Kumar Sinha, J) perwez U T